Автор: Пушкин А.В. — Управляющий партнер юридической компании Tenzor Consulting Group
ТNК-ВР argued with the Supreme Arbitration Court. The company demands the reconsideration of the decision of the highest judicial agency.
Russian-British ТНК-ВР does not agree to the decision of the presidium of the Supreme Arbitration Court regarding the fee imposing by the Federal Antimonopoly service at the amount of one billion rubles. The petroleum company filed an application for its reconsideration in the exercise of supervisory powers. ТNК-ВР explains its decision by the fact that the Supreme Arbitration Court has no right to cancel decisions of inferior courts and analyze the evidence basis.
The petroleum company informed the RBK daily that in August the 10th TNК-ВР sent to the SAC an application to reconsider the decree of the presidium dated from May 25. That time the court acknowledged the rightness of the SAC while the petroleum company was declared guilty of establishing the monopolistically high prices of oil-products in the first half of 2008. It made a precedent for arbitration practice. As a result TNK-BP had to pay the fee in the amount of 1, 1 billion rubles. At the beginning of the next week the Supreme Arbitration Court must make a decision of consideration of the application.
TNК-ВР explained that the decision of the Supreme Arbitration Court is being contested because of the newly revealed circumstances. According to the words of the representative of the company the presidium didn’t accept a principle decision regarding the legality of the prescription of the SAC about the behavioral requirements for TNК-ВР. Besides it evaluated the set of evidences of SAC independently without sending this question back for the repeated consideration by the inferior courts. The company has an opinion that only inferior judicial instances are eligible to do that. And at last the fine amount for TNK-BP was calculated incorrectly – they applied a norm of 1% from the turnover instead of the fine.
For the first time the FAS established the guilt of 4 companies in abuse of the dominating position on the oil-market in the autumn 2008 and imposed fines (for price increasing in the first half of 2008): «Rosneft» — 1,5 billion rubles, «Gasprom neft» — 1,35 billion rubles LUKOIL — 1,44 billion rubles and TNK-BP — 1,1 billion rubles.
The most successful in litigations with antimonopolists was TNK-BP, as the company won cases in three instances. However in May the SAC approved the legality of acts of FAS.
In the context of the second wave of the cases (exclusively high prices for oil-products I the first half of 2009) the fines have increased several times: «Gasprom neft» — 4,675 billion rubles, LUKOIL — 6,54 billion rubles, TNK-BP — 4,2 billion rubles, «Rosneft» — 5,28 billion rubles. All decisions are still being considered in courts. The total sum of fines imposed by the service and liable for payment is 25 billion rubles.
“Gasprom neft” reached the constitutional court. The company contests the norms of the “Law of business competition protection”. But the court returned the complaint because of the fact that “Gasprom neft” didn’t terminate the litigation with FAS in arbitration courts. In spite of the decision of SAC from May the cassation court of North-western district of Saint-Petersburg made a decision in favor of “Gasprom neft” in July the 30th.
Recently the head of FAS Igor Artemyev declared that the department doesn’t intend to conclude amicable agreements with the companies that are declared guilty of infringement of the antimonopoly legislation. Furthermore the service does not exclude initiation of criminal cases against the managers of the companies.
The Director General of Tenzor Consulting Group legal company Andrey Pushkin says that SAC can make an independent decision, partially cancel it or send for a new consideration. That means that in spite of the fact that FAS is obliged to control the conformity of the judicial practice, it has similar authority. The Leader of Incor Alliance Law Office in Moscow Denis Kutishenko thinks: “Herewith TNK-BP must have really uncontestable evidence for the positive decision of the court regarding its application”.
ТNК-ВР argued with the Supreme Arbitration Court. The company demands the reconsideration of the decision of the highest judicial agency.
Russian-British ТНК-ВР does not agree to the decision of the presidium of the Supreme Arbitration Court regarding the fee imposing by the Federal Antimonopoly service at the amount of one billion rubles. The petroleum company filed an application for its reconsideration in the exercise of supervisory powers. ТNК-ВР explains its decision by the fact that the Supreme Arbitration Court has no right to cancel decisions of inferior courts and analyze the evidence basis.
The petroleum company informed the RBK daily that in August the 10th TNК-ВР sent to the SAC an application to reconsider the decree of the presidium dated from May 25. That time the court acknowledged the rightness of the SAC while the petroleum company was declared guilty of establishing the monopolistically high prices of oil-products in the first half of 2008. It made a precedent for arbitration practice. As a result TNK-BP had to pay the fee in the amount of 1, 1 billion rubles. At the beginning of the next week the Supreme Arbitration Court must make a decision of consideration of the application.
TNК-ВР explained that the decision of the Supreme Arbitration Court is being contested because of the newly revealed circumstances. According to the words of the representative of the company the presidium didn’t accept a principle decision regarding the legality of the prescription of the SAC about the behavioral requirements for TNК-ВР. Besides it evaluated the set of evidences of SAC independently without sending this question back for the repeated consideration by the inferior courts. The company has an opinion that only inferior judicial instances are eligible to do that. And at last the fine amount for TNK-BP was calculated incorrectly – they applied a norm of 1% from the turnover instead of the fine.
For the first time the FAS established the guilt of 4 companies in abuse of the dominating position on the oil-market in the autumn 2008 and imposed fines (for price increasing in the first half of 2008): «Rosneft» — 1,5 billion rubles, «Gasprom neft» — 1,35 billion rubles LUKOIL — 1,44 billion rubles and TNK-BP — 1,1 billion rubles.
The most successful in litigations with antimonopolists was TNK-BP, as the company won cases in three instances. However in May the SAC approved the legality of acts of FAS.
In the context of the second wave of the cases (exclusively high prices for oil-products I the first half of 2009) the fines have increased several times: «Gasprom neft» — 4,675 billion rubles, LUKOIL — 6,54 billion rubles, TNK-BP — 4,2 billion rubles, «Rosneft» — 5,28 billion rubles. All decisions are still being considered in courts. The total sum of fines imposed by the service and liable for payment is 25 billion rubles.
“Gasprom neft” reached the constitutional court. The company contests the norms of the “Law of business competition protection”. But the court returned the complaint because of the fact that “Gasprom neft” didn’t terminate the litigation with FAS in arbitration courts. In spite of the decision of SAC from May the cassation court of North-western district of Saint-Petersburg made a decision in favor of “Gasprom neft” in July the 30th.
Recently the head of FAS Igor Artemyev declared that the department doesn’t intend to conclude amicable agreements with the companies that are declared guilty of infringement of the antimonopoly legislation. Furthermore the service does not exclude initiation of criminal cases against the managers of the companies.
The Director General of Tenzor Consulting Group legal company Andrey Pushkin says that SAC can make an independent decision, partially cancel it or send for a new consideration. That means that in spite of the fact that FAS is obliged to control the conformity of the judicial practice, it has similar authority. The Leader of Incor Alliance Law Office in Moscow Denis Kutishenko thinks: “Herewith TNK-BP must have really uncontestable evidence for the positive decision of the court regarding its application”.
Source: RBC Daily