FAS Processed UNITRADE Petition for Purchasing Bashkinrenergo Shares
OREANDA-NEWS. November 11, 2008. The Federal Antimonopoly Service (OFAS Russia) processed the petition of "UNITRADE" Ltd. for purchasing 25% + 1 voting shares of "Bashkinrenergo" OJSC, reported the press-centre of FAS Russia.
According to the petition, "UNITRADE" Ltd. planed to purchase 25% + 1 voting shares of "Bashkinrenergo" OJSC in the interests of the group of person of "KES-Holding" Ltd.
The companies in the group of persons of "KES-Holding" Ltd. directly control "TGK-5" OJSC and "TGK-9" OJSC. Earlier FAS Russia granted permissions to the companies members of the group of person of "KES-Holding" Ltd. to acquire the controlling interest of the voting shares of "TGK-6" OJSC and "Volzhskaya TGK" OJSC, subject to the FAS Russia's determination with the requirement on selling the facilities directly used for generating electrical energy (power), the installed capacity of which is no less than 741МVt.
Upon the petitioned transaction, the overall share of generating assets of the group of persons of "KES-Holding" Ltd. on the generated electrical energy on the wholesale market of electrical energy (power), within the geographical boundaries of the free-transfer zone "the Remaining Part of the Ural Integrated Energy System", would be over 30%.
Furthermore, FAS Russia, jointly with "АТS" OJSC, analyzed the effects of acquiring control by a single group of persons over "TGK-5" OJSC, "TGK-6" OJSC, "TGK-7" OJSC, "TGK-9" OJSC, and "Bashkinrenergo" OJSC, and concluded that it could dramatically worsen the competitive environment and as a result, increase prices on the wholesale marker of electrical energy (power).
Under Clause 5 Article 33 of No.135-FZ Federal Law "On Protection of Competition" of 26th July 2006, the Federal Antimonopoly Service dismissed the petition of "UNITRADE" Ltd. for purchasing 25% + 1 voting shares of "Bashkinrenergo" OJSC, as the transaction would restrict competition on the wholesale market of electrical power.
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