Court Dismissed Claim of Yargorelektroset on FAS Resolution
OREANDA-NEWS. February 12, 2009. The 2nd Arbitration Appeal Court, Kirov, dismissed the claim of the "Yaroslavl City Electric Grid" Municipal Unitary Enterprise ("YaGES" MUP) and upheld the resolution of the Office of the Federal Antimonopoly Service in the Yaroslavl Region (the Yaroslavl OFAS Russia) on imposing a fine in the amount of 4 585 537.1 Rubles for forcing installation of an electric power meter, reported the press-centre of FAS Russia.
The Yaroslavl OFAS Russia found that "YaGES" MUP violated Part 1 Article 10 of the Federal Law "On Protection of Competition", which prohibits actions of an economic entity with dominant market position that can result in infringing the interests of other entities/persons. "YaGES" MUP violated the law by unreasonably forcing Mr Makarov to sign a new contract for technical connection to electric grid, as well as by unlawfully including a new requirement for installing a new type of an electric power meter on the outer wall of a house in already issued technical specification.
Such actions by "YaGES" MUP could have infringed the interests of Mr Makarov, because it required additional expenses and obstructed construction and commissioning of the house.
"YaGES" MUP disagreed with the act passed by the Yaroslavl OFAS Russia and filed a suit to the Yaroslavl Regional Arbitration Court. The Court of the First Instance did not reverse the ruling on the company's administrative liability. The 2nd Arbitration Appeal Court, Kirov, confirmed validity of the judgment of Yaroslavl Regional Arbitration Court was legitimate.
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