Omsk airport unlawfully evaded a fuel-storage contract with “S7” (“Siberia”) Airlines”

On 1st July 2010, the FAS Russia’s Commission found that “Omsk Airport” OJSC violated Clauses 5 and 9 Part 1 Article 10 of the Federal Law “On Protection of Competition”. The company unreasonably evaded a contract with “S7” (“Siberia”) Airlines” OJSC for storing aviation fuel in Omsk airport.
“Siberia Airlines” OJSC repeatedly approached “Omsk Airport” OJSC attempting to enter into a contract for storing the Airlines’ own fuel in Omsk airport and referring to the Decree of the Government of the Russian Federation “On the Procedures for Providing Access to the Services of the Holders of Natural Monopolies in Airports” of 22nd July 2009.
“Siberia Airlines” OJSC justified its intention to independently supply aviation kerosine for its aircrafts by having direct contracts with supplies of aviation fuel, which would enable “Siberia Airlines” to deliver fuel at lower prices.
“Omsk Airport” OJSC explained its refusal to conclude the contract by absence of mechanisms for implementing the provisions of the Rules for access to the services of the holders of natural monopolies, approved by the Decree of the Government of the Russian Federation of 22nd July 2009, and absence of technical possibilities to provide the services for aviation fuel storage.
The FAS Russia’s decision regarding “Omsk Airport” OJSC was upheld by the Arbitration Court and the 9th Arbitration Court in Moscow.