Court Confirmed Rightness of FAS on Market of Hot Water in Udmurtia
OREANDA-NEWS. On August 29, 2008 the Federal Arbitration Court of the Uralsky District confirmed the rightness of the Udmurtia Office of the Federal Antimonopoly Service (OFAS Russia) that had issued a determination to the "City Housing Department - the Managing Company in Izhevsk Housing Maintenance and Utilities" Municipal Agency on eliminating the antimonopoly violations, reported the press-centre of FAS Russia.
The company unreasonably set different rates for supplying hot water for the same customer, imposed unfavorable contract conditions and violated the established pricing procedures.
Earlier the Udmurtia OFAS Russia, upon a petition of the "105, Krasnogeroiskaya" Housing Cooperative, initiated a case against the "City Housing Department - the Managing Company in Izhevsk Housing Maintenance and Utilities" Municipal Agency for violating Part 1 Article 10 of the Federal Law "On Protection of Competition" (abusing dominant position).
Having studies the case materials, the antimonopoly office concluded that calculations of hot water consumption were not based on the standards of the current legislation and was inconsistent with the terms of the contract signed between the company and the housing cooperative. Applying such calculations, the company effectively shifted the compensation for the losses of hot water on heating mains and pipelines to the residents.
Furthermore, processing the case, the Udmurtia OFAS Russia established that in 2007 the "City Housing Department - the Managing Company in Izhevsk Housing Maintenance and Utilities" Municipal Agency applied the hot water supply rates that were not approved in due order, which was in breach of the pricing procedures.
The Udmurtia OFAS Russia recognized that actions of the "City Housing Department - the Managing Company in Izhevsk Housing Maintenance and Utilities" Municipal Agency had violated the antimonopoly legislation and issued a determination to stop the violations.
The "City Housing Department - the Managing Company in Izhevsk Housing Maintenance and Utilities" Municipal Agency filed a suit to the Arbitration Court of the Udmurtia Republic, which ruled that the decision of the antimonopoly office was legitimate. The Appeal Instance, approached by the company, also confirmed the rightness of the Udmurtia OFAS Russia.
Then the company lodged a complaint to the Cassation Instance requesting to revoke the decision of the Udmurtia OFAS Russia. The Federal Arbitration Court of the Uralsky District, however, dismissed the complaint and recognized the decision and the determination of the Udmurtia OFAS Russia legitimate and justified.
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