Minutes No.1

of the Session of the Working Group on Investigating Issues on Pricing at the Oil Product Markets and Methods of their Functioning

January 25, 2012

Moscow

Russian Federation

Co-chairs: 

From the Republic of Austria:

Rainer Kaltenbrunner

Case Handler, Austrian Federal Competition Authority

 

 

From the Russian Federation:

Andrey Tsyganov

Deputy Head of the Federal Antimonopoly Service

 

  1. 1.     The goals and tasks of the Working Group

       (A.G. Tsyganov, R. Kaltenbrunner, M. Sebastião)

1.1.         To accept the following work areas as the main work areas of the Working Group:

1.1.1.  discussion of existing approaches to monitoring and analysis of the wholesale and retail markets of oil and petroleum products;

1.1.2.   development of methodology for determining the product and geographical boundaries of the wholesale and retail markets of oil and petroleum products;

1.1.3.   study of the issues of pricing of oil and oil products on domestic markets, including the impact of world prices on the pricing of national markets;

1.1.4.  exchange of experience and approaches to the enforcement of the antimonopoly legislation in the market of oil and oil products;

1.1.5.  discussion of non-confidential information exchange proceedings among members of the Working Group;

1.1.6.  preparation by the competition authorities of proposals for national governments on promotion of competition in the markets of oil and oil markets.

  1. 2.     On exchange of experience and approaches to the application of a national competition law in the market of oil and oil products

(Ieva Jaunzeme, Birgit Schwabl-Drobir, Sandro Gleave, Angelina Mileva, Dumitru Brezoi, Olga Timoshchuk, Manuel Sebastião, N.I. Dianova, L.Ye. Davydova)

2.1.         Note the interesting reports and presentations made by the participants of the Session on national experience of the price monitoring and the application of competition law in the markets of oil and oil products.

2.2.         Note useful information received during the discussion of the reports and presentations.

  1. 3.      Develop further proceedings of the Working Group’s activity. Discussion of forms of the activity of the Working Group (information exchange, consultations, joint investigations of antimonopoly violations committed in the cross-border markets)

 

(L.Ye. Davydova, R. Kaltenbrunner, M. Sebastião)

3.1.         To approve the following proposals:

3.1.1.  To appoint the contact persons from each competition authority-member of the Working Group for prompt interaction within the Working Group.

3.1.2.  To assign functions of coordinators in specific areas of the Working Group’s activity to the competition authorities-members of the Working Group.

3.1.3.  To hold a regular session of the Working Group within the frameworks of one of the international events.

3.2.         To determine priority areas of the Working Group’s activity in the near future:

3.2.1.  exchange of information on cases on violating the antimonopoly legislation in the markets of oil and oil products by sending it out to the members of the Working Group (Russia’s proposal);

3.2.2.  creation of a data base containing cases considered in the markets of oil and oil products (Russia’s proposal);

3.2.3.  exchange of experience on creation and functioning of the systems of monitoring and analysis of wholesale and retail prices to oil products (Bulgaria’s proposal);

3.2.4.  a joint seminar on determining the boundaries of the markets of oil and petroleum products (Austria’s proposal);

3.2.5.  exchange of experience on investigations of violations of the antimonopoly legislation in the markets of oil and oil products (dominance, price collusion) (proposal by Romania and Ukraine);

3.2.6.  collecting evidence of anticompetitive behavior of undertakings in the markets of oil and oil products (Latvia’s proposal).

  1. 4.      Priority actions to implement agreements reached during the Session of the Working Group

4.1.         In the period before February 6, 2012, The Russian party shall forward these Minutes to the members of the Working Group’s Session.

4.2.         In the period before February 20, 2012, the members of the Working Group shall:

4.2.1.  send the FAS of Russia positions of the top-management of their competition authorities in key areas of the Working Group referred to in paragraph 1 of these Minutes;

4.3.         submit to the FAS of Russia their suggestions on Forms 1 and 2 (Supplements No. 2 and 3 to these Minutes);

4.4.         consider the Scheme on exchange of non-confidential information prepared by the working group on cartels ICN for its possible use in the exchange of information between members of the Working Group (Supplement No.1 to these Minutes);

4.5.         make suggestions about the location and time of the next meeting of the Working Group.

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