OREANDA-NEWS. October 15, 2012. At a meeting of the Commission of the Federal Antimonopoly Service (FAS Russia) a representative of “TNK-BP Holding” OJSC confirmed the facts of executing FAS warning and eliminating abuse of the dominant position by the group of persons comprising “Transneft” OJSC, “Privolzhsknefteprovod” OJSC and “Transneft-Logistika” OJSC. In view of the above, the FAS Commission terminated the case due to execution of the warning, reported the press-centre of FAS Russia.

On 18th June 2012, FAS initiated a case against “Transneft” OJSC upon the signs of violating Clause 1 Article 10 of the Federal Law “On Protection of Competition”.

The case was initiated upon a petition of “TNK-BP Holding” OJSC that “Transneft” OJSC created obstacles for access of “TNK-BP Holding” OJSC to oil transportation through main pipelines. In particular, “Transneft” OJSC was imposing a contract with “Transneft-Logistika” OJSC for oil transportation services owned by “TNK-BP Holding” OJSC at the oil loading station of Krotovka terminal, Kuibyshev Railway.

Investigating the case, FAS made a decision to hold “Privolzhsknefteprovod” OJSC and “Transneft-Logistika” OJSC, that are members of the group of persons of “Transneft” OJSC, as respondents to the case.

Following the Commission’s meeting FAS issued a warning to the group of persons, comprising “Transneft” OJSC, “Privolzhsknefteprovod” OJSC and “Transneft-Logistika” OJSC, to terminate actions that resulted in infringing the rights and legitimate interests of “TNK-BP Holding” OJSC.

To execute the FAS determination, the above group of persons sent a letter to “TNK-BP Holding” OJSC proposing to conclude a contract for oil transportation by railway transport from Krotovka terminal with the economic entities – members of the group of persons of “Transneft” OJSC or other third persons at the discretion of “TNK-BP Holding” OJSC.

Reference:

On 6th January 2012, a new edition of the Federal Law “On Protection of Competition” came into force that, in particular, introduced Article 39.1. Under the new standard, in course of investigating antimonopoly cases warnings shall be issued by the Case Commission if during the case investigation the Commission identifies signs of violating Clauses 3 and 5 Part 1 Article 10 of the Federal Law “On Protection of Competition”. Provided the warning is executed, the antimonopoly case shall be closed and the person that executed the warning shall not be subject to administrative liability for violating the antimonopoly law due to its elimination.