January 25 Eighteenth Arbitration Appeal Court upheld the position of the Chelyabinsk Office of the Federal Antimonopoly Service (FAS Russia) and imposed a “Lukoil-Uralnefteproduct” a fine of 18.391 million rubles for violation of antitrust laws.
Previously Chelyabinsk Office of FAS Russia established that the company together with IP Kazykhanov FM waged a concerted effort to maintain retail prices for gasoline and diesel fuel in the territory of Chelyabinsk.
The competition authority found the company had violated Article 11 of the Law on Protectionof Competition (the prohibition of concerted action), and issued an order demanding to prevent such violations. Later courts have three levels also confirmed the legality of the decision of the Chelyabinsk Office of FAS Russia.
for such offenses OAO Lukoil-Uralnefteproduct was brought Chelyabinsk Office of FAS Russia to administrative responsibility. The fines imposed by the competition authority for an oil company, reached 123.2 million rubles.
However, Lukoil-Uralnefteproduct able to challenge the ruling body in the Arbitration Court of Chelyabinsk region, which reduced the amount of fines up to 4 million rubles.
In calculating the amount of the fine the court of first instance did not take into account the income derived by a company of of bonus and discount cards in the market of retail sales of Chelyabinsk, the report said the FAS.
According to the Chelyabinsk Office of FAS Russia, the deduction for sales of petroleum products at a discount on these cards beyond the retail market and charging them to order wholesale, is unreasonable and illogical.
Eighteenth Arbitration Appeal Court upheld the position of the Chelyabinsk Office of FAS Russia and imposed Lukoil-Uralnefteproduct “a fine of 18.391 million rubles.
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