OREANDA-NEWS. August 13, 2008. The 15th Arbitration Appeal Court upheld the decision and determination of the Rostov Office of the Federal Antimonopoly Service (OFAS Russia) issued upon processing the case against "Kavkazregiongaz" Ltd., reported the press-centre of FAS Russia.

According to the Rostov OFAS Russia, "Kavkazregiongaz" Ltd. violated the law by imposing unfavorable conditions of the gas supply contract. In particular, the gas supplier insisted in including such clauses in the contract which would enable "Kavkazregiongaz" Ltd. to fine its customers for "overbuying" the gas. The amount of fines exceeded the coefficients specified in the Gas Supply Regulations.

In addition, "Kavkazregiongaz" Ltd. unlawfully considered the cost of "deficiency gas" as forfeit. As an alternative to paying forfeit, the customers could resell the "deficiency gas" or store it.

According to the determination, issued by the Rostov OFAS Russia, "Kavkazregiongaz" Ltd. was obliged to delete the above conditions from the gas supply contract.

"Kavkazregiongaz" Ltd., however, filed a claim to the Arbitration Court which gave judgment in favor of the company and abolished the determination of the Rostov OFAS Russia.

The trustbusters, in their turn, did not concede and lodged an appeal to the Appeal instance. The 15th Arbitration Appeal Court reversed the judgment of the Arbitration Court and upheld the determination of the Rostov OFAS Russia.

The determination of the Rostov OFAS Russia has been executed within the statutory period.