OREANDA-NEWS. March 25, 2010. The Federal Customs Service (FTS Russia) restricted competition, concluded the Federal Antimonopoly Service (FAS Russia). On 12th March 2010, FAS Russia found that FTS Russia violated Part 1 Article 15 of the Federal Law "On Protection of Competition" (competition-restricting actions of the authorities).

The case was initiated upon a petition of "TNK-BP Holding" OJSC.

The subject of the case was the actions undertaken by FTS Russia for applying Clause 2.1.2 of the provisional technological scheme for the work of customs bodies with large payers, approved by No.303 Order of FTS Russia "On the Practice of Customs Administration with Large Payers ".

FAS Russia established that FTS Russia refused to register "TNK-BP Holding" OJSC as a large payer in accordance with the provisional scheme. Such actions put "TNK-BP Holding" OJSC in unequal conditions in comparison with other economic entities operating on the relevant market. Refusing to conclude a cooperation agreement with "TNK-BP Holding" OJSC for paying the net fee by the large payer in a centralized manner, FTS Russia was guided by additional criteria determined by the provisional scheme.

The provisional scheme did not clearly describe additional criteria and a person, taking a decision on a possibility to enter into an agreement with an economic entity, must independently (i.e., subjectively) determine whether the economic entity complied with those criteria.

In course of the case investigation, FTS Russia reported that it had made a decision to enter into an agreement with "TNK-BP Holding" OJSC. Therefore, FAS Russia terminated the proceedings regarding the fact of failure of FTS Russia to conclude an agreement with "TNK-BP Holding" OJSC because the violation had been voluntary eliminated.

Regarding additional criteria of the provisional technological scheme for the work of customs bodies with large payers, FAS Russia made a decision to issue a determination to stop the antimonopoly violations and prepare recommendations on the necessary amendments to the provisional scheme.