OREANDA-NEWS. March 29, 2013. The Federal Arbitration Court of the North-West District upheld the decision and determination of the Office of the Federal Antimonopoly Service in the Omsk Region (Omsk OFAS Russia) and a definition to impose an administrative fine upon “Gazprom Neft” OJSC.

In September 2011, Omsk OFAS Russia found that “Gazprom Neft” OJSC violated the antimonopoly law (Part 1 Article 10 of the Federal Law “On Protection of Competition”). “Gazprom Neft” OJSC abused its dominance on the wholesale markets of motor and gasoline fuel. In 2010 the company systematically fixed economically, technologically and otherwise unreasonably high wholesale prices of oil products for its sales outlet in the Omsk region - “Gazpromneft-Omsk” OJSC in comparison with the wholesale prices of oil products fixed for their sales outlets in other regions where the products of “Gazpromneft-Omsk Oil Refinery” OJSC are supplied. Such actions infringed the interests of consumers on the small wholesale and retail markets of motor gasoline and diesel fuel in the Omsk region.

Omsk OFAS Russia issued a determination to “Gazprom Neft” OJSC to stop the violation and initiated an administrative case and imposed a fine upon the violator. “Gazprom Neft” OJSC filed a lawsuit challenging the decisions.

The Arbitration Court of St Petersburg and the Leningrad Region allowed the claim “Gazprom Neft” OJSC in full.

The 13th Arbitration Appeal Court upheld the judgment of the Court of First Instance and dismissed the appeal of Omsk OFAS Russia.

Omsk OFAS Russia disagreed with the judicial acts and lodged a cassation appeal.

Having considered a cassation appeal of Omsk OFAS Russia, the Federal Arbitration Court of the North-West District reversed the judgment of the Arbitration Court of St Petersburg and the Leningrad Region and the ruling of the 13th Arbitration Appeal Court and fully dismissed the claim of “Gazprom Neft” OJSC.