Appeal Court: “Sheremetyevo TZK” unlawfully avoided contracts for refueling and aviation fuel storage
The 9th Arbitration Appeal Court confirmed legitimacy of a decision made by the Federal Antimonopoly Service (FAS Russia) regarding “Sheremetyevo TZK”CJSC.
In September 2015 FAS opened a case against the company upon elements of violating the antimonopoly law - “Sheremetyevo TZK”unreasonably avoided a contract (Clause 5 Part 1 Article 10 of the Federal Law “On Protection of Competition”).
The FAS Commission established that for several months “Sheremetyevo TZK”CJSC had been avoiding a contract with “Santel” Ltd. for fuelling and storage of aviation fuel. As a result of such actions “Santel” Ltd. could not honour its obligations to “Aeroflot” PJSC for supplying fuel in 2015.
In July 2015 FAS warned the company to terminate those actions and eliminate the violation elements. “Sheremetyevo TZK”, however, failed to execute the warning, which led to opening the case.
“Sheremetyevo TZK”CJSC is a natural monopoly that renders services for storing aviation fuel and aircraft refueling in the Sheremetyevo International Airport.
Under Part 1 Article 8 of No.147-FZ Federal Law “On Natural Monopolies” of 17.08.1995, holders of natural monopolies cannot refuse to conclude contracts with particular consumers for production (selling) regulated goods.
Having investigated the case, FAS found that “Sheremetyevo TZK”CJSC violated the Federal Law “On Protection of Competition”.
The company filed a lawsuit challenging the FAS decision. The Court of First Instance and the Appeal Court dismissed the claim, recognizing the rightness of the conclusions reached by the antimonopoly authority.