OREANDA-NEWS. On March 25, 2009 the Federal Antimonopoly Service (OFAS Russia) found that the "Market Council" Non-Commercial Partnership and "ATS" OJSC violated Part 1 Article 10 of the Federal Law "On Protection of Competition", and the "Market Council" Non-Commercial Partnership also violated Article 11 of the Federal Law "On Protection of Competition", reported the press-centre of FAS Russia.

The case was initiated upon petitions of "Tatenergo" OJSC and "Orenburgsel'energosbyt" CJSC (entities of the wholesale market).

The law on electric power industry introduced mandatory membership in the "Market Council" Non-Commercial Partnership for the entities of the wholesale market; and absence of such membership can constitute the grounds for withdrawing the status of an entity of the wholesale market.

The companies stated that 5 million jointing fee the "Market Council" Non-Commercial Partnership was excessive and unreasonable, and it created barriers for the market entry of energy supplying companies, which met all statutory requirements for such entities of the wholesale market.

As the session of the Commission investigating the case, the Non-Commercial Partnership of "Providers of Last Resort and Energy-Supplying Companies", involved as an interested party, supported the position of the Petitioners and pointed out a discriminatory character of the size of the joining fee, which prevented access of energy-supplying companies (providers of last resort) to participation in the bidding on the wholesale market, as well as the services provided by ATS" OJSC.

The FAS Russia's Commission concluded that actions undertaken by "Market Council" Non-Commercial Partnership and "ATS" OJSC contravened the antimonopoly legislation and created obstacles for entering to the wholesale market of electric energy (power).

Having investigated the case, FAS Russia issued a determination to "Market Council" Non-Commercial Partnership aimed at stopping the antimonopoly violations and ensuring competitive conditions.