Court Confirmed Validity of FAS Determination on Gazprom
OREANDA-NEWS. On July 22, 2008 the Moscow Arbitration Court confirmed validity of the determination of the Federal Antimonopoly Service (FAS Russia), issued upon processing the petition of "Gazprom" OJSC on buying 100% voting shares of "TGK-1" OJSC, reported the press-centre of FAS Russia.
On 22 February 2008, FAS Russia granted the petition of "Gazprom" OJSC on buying 50%+1 of the voting shares of "TGK-1" OJSC and simultaneously issued a mandatory determination on exercising competition-protective actions.
According to the FAS Russia's determination, "Gazprom" OJSC is obligated to:
1. Inform FAS Russia if "Gazprom" OJSC and/or its affiliated persons acquire the ownership rights for over 50% shares of "TGK-1" OJSC, no later than ten days after acquiring the ownership rights.
2. Prevent discriminatory conditions in developing and executing contract obligations for supplying gas at state-regulated and non-regulated prices to the agents of the wholesale energy market within the geographic boundaries of the free flow area, defined by the territory of the North-West Integrated Power System (except the Kaliningrad and Kolskaya Power Systems).
3. Present to FAS Russia quarterly reports, inclusive the year 2011, on execution of the gas supply contracts by the persons - members of the group of persons of "Gazprom" OJSC to the agents of the wholesale energy market, operating the within geographic boundaries of the free flow area, defined by the territory of the North-West Integrated Power System (except the Kaliningrad and Kolskaya Power Systems).
"Gazprom" OJSC disagreed with the determination of the antimonopoly authority and appealed. The Court, however, dismissed the appeal of "Gazprom" OJSC and, therefore, confirmed legitimacy of the issued determination.
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