OREANDA-NEWS. May 26, 2009. The 7th Arbitration Appeal Court dismissed in full the claim of "Gazpromneft'-Kuzbass" CJSC on invalidating the decision of the Kemerovo OFAS Russia. On 19th May 2009, the 15th Arbitration Appeal Court upheld the ruling of the Krasnodar Regional Arbitration Court on legitimacy of the decision of the Krasnodar OFAS Russia regarding "Crocus" Ltd., reported the press-centre of FAS Russia.

On 13th May 2009, the 7th Arbitration Appeal Court dismissed the claim of "Gazpromneft'-Altai" CJSC and "Rosneft'-Altainefteproduct" Oil Company" OJSC on invalidating the decision and determination of the Office of the Federal Antimonopoly service in the Altail Krai (region).

In autumn 2008, the Kemerovo OFAS Russia found that "Gazpromneft'-Kuzbass" CJSC violated Part 1 Article 10 of the Federal Law "On Protection of Competition" and issued a determination to eliminate the antimonopoly violations. The antimonopoly body established that "Gazpromneft'-Kuzbass" CJSC abused its dominant position on the market of oil products in the Kemerovo region and committed several antimonopoly violations. The Kemerovo OFAS Russia fined "Gazpromneft'-Kuzbass" CJSC 158,643.70 Rubles.

In the same period the Altai Krai OFAS Russia found that "Gazpromneft'-Altai" CJSC and "Rosneft'-Altainefteproduct" Oil Company" OJSC violated Article 11 of the Federal Law "On Protection of Competition" and issued a determination requesting the companies to eliminate the violations. The case was initiated following the findings of the monitoring of retail prices for lubrication and fuel materials in the Altail krai, organized by OFAS Russia.

Based on the findings, OFAS Russia identified relatively uniformed and synchronized price fluctuations for every grade of petrol at the service stations that belong to the oil companies. Article 11 of the Federal Law prohibits competition-restrictive agreements and concerted actions between companies. OFAS Russia also fined "Gazpromneft'-Altai" CJSC and "Rosneft'-Altainefteproduct" Oil Company" OJSC 1,248,088 and 3,908,114 Rubles accordingly.

In the Krasnodar region, the antimonopoly body found that "Crocus" Ltd. violated Article 11 of the Federal Law "On Protection of Competition" by fixing and maintaining retail prices for motor petrol and diesel fuel, which were sold through the services stations in the "Otradnensky District" municipality, at the same level with the prices at the service stations that belong to individual entrepreneurs. OFAS Russia passed a resolution on imposing administrative fines upon the violators in accordance with the Code on Administrative Violations.

For a fuel company, the fine was calculated as a percentage of the company's proceeds; for individual entrepreneurs, sanctions were imposed upon responsible executives. The latter had already paid the fines to the budget. Crocus" Ltd. appealed the decision of the Krasnodar OFAS Russia on the case regarding the antimonopoly violations to the Krasnodar Regional Arbitration Court. The Court of the First Instance, however, dismissed the company's claim. The appeal process also confirmed legitimacy of the decision made by the antimonopoly body.

More detailed information about those cases can be found on the web sites of the regional offices of FAS Russia.