On 25th June 2009, the Commission of the Federal Antimonopoly Service (FAS Russia) found that «TNK-BP» Holding» OJSC violated Clause 1 Article 10 of the Federal Law «On Protection of Competition». Investigating the case, FAS Russia established that «TNK-BP» Holding» OJSC abused dominant position on the market and created discriminatory conditions for independent participants of the wholesale market of oil products. The company also was withdrawing oil products from circulation which translated in growing wholesale fuel prices. As a result, it infringed the interests of other persons and restricted competition.
In February 2009, Igor Artemyev, the Head of FAS Russia, said that FAS Russia had made a decision on initiating antimonopoly cases against the following oil companies: «Lukoil» OJSC, «Rosneft» Oil Company» OJSC, «Gazprom Neft» OJSC and «TNK-BP» Holding» OJSC. Cases were initiated upon unreasonable growth of prices on the wholesale market of oil products in the beginning of 2009.
It led to sharp slowdown of the established downward price movement for fuel sold at service stations, which had started in autumn immediately after FAS Russia had found that the oil companies violated the antimonopoly legislation. Then the Antimonopoly Service also issued determinations to the above legal entities requesting them to restore competitive conditions.
It was reported earlier, that FAS Russia obtained materials, sufficient to initiate the case, by monitoring wholesale and retail oil product markets. FAS Russia also received information from independent research organisations, and numerous complaints form physical and legal persons sent to the Antimonopoly Services through various channels. The same continued in May and June 2009.
Under the Code on Administrative Violations, an antimonopoly violation constitutes the grounds for imposing a fine upon a legal entity from 1 to 15% of the company's proceeds gained in the year preceeding the year when the violation was committed.
In this case, calculations can be based on the income gained by the company in 2008on the relevant goods markets in the Russian Federation.
