UDK: 347.78.03

Galina An. Misnik - Doctor of Law, professor of the department “Legal Support of Public Administration and Economics” of the Law Institute, Russian University of Transport (MIIT), Moscow, Russia

Abstract. The current paper deals with legal characteristics of antitrust violations in the oil transportation sector. There has been examined judicial practice in resolving disputes regarding the application of sanctions for antitrust violations in the transportation of oil and petroleum products. To clarify the traits of these violations, there have been studied the existing classifications of competitive legal relations in the competition law theory, the specifics of the subject matter of these legal relations, and the types of sanctions for violations of antitrust legislation in this area. The relevance of the current study is in the significant degree of monopolization of oil transportation, as noted in research and confirmed by practical data. The monopolization of this sector of activity makes crucial to regulate legally the procedures for concluding and executing oil transportation agreements. The paper has provided the examples of judicial practice confirming the problem of ambiguous interpretation of antitrust legislation applicable to these relationships. The distinction between the concepts of “abuse of a dominant market position”, “illegal coordination of economic activity”, and “illegal vertical agreements” remains controversial. There has been given the case law on the issue of defining legal criteria for unfair competition in setting oil transportation and sales prices. There has been concluded that the characteristics of “vertical” agreements require legislative regulation to establish a uniform practice for resolving disputes related to the application of sanctions for violations of antitrust requirements in the transportation of oil and petroleum products. The paper has provided a detailed analysis of the characteristics of vertical agreements, distinguishing them from such violations as the imposition of contract terms. There has been given the case law reflecting the approach of recognizing the imposition of contract terms as a type of “vertical agreement”, which, according to the author, does not fully correspond to the legal nature of these legal relationships. There has been concluded that the terms of provision of oil transportation services are insufficiently regulated. The issue of establishing a unified procedure for determining the priority of oil deliveries under conditions of limited pipeline capacity requires legislative resolution.

Keywords: antitrust legislation; competitive legal relations; transportation of oil and petroleum products; vertical agreements; abuse of a dominant position; unfair competition.

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Misnik G.A. Legal regulation of competitive relations in the field of transportation of oil and petroleum products // Transport law and security. 2025; (3(55)):72―79.