Court Confirmed FAS Decision on Orel Heating Network Company
OREANDA-NEWS. June 29, 2009. The Federal Arbitration Court of the Central District dismissed the cassation appeal of "Orel Heating Network Company" OJSC against the rulings of the Orel Regional Arbitration Court and the Appeal Arbitration Court on the case challenging non-regulatory acts of FAS Russia. Therefore, the Court confirmed validity of the decision and determination, issued by the Orel OFAS Russia that "Orel Heating Network Company" OJSC violated Part1 Article 10 of the Federal Law "On Protection of Competition", reported the press-centre of FAS Russia.
"Orel Heating Network Company" OJSC has dominant position on the market of services for transmitting and distributing heat energy. The company violated the law by imposing a contract condition upon a municipal enterprise - "Orelgorteploenergo" that the amount of the supplied heat energy should be determined by the target-balance method. The Courts of all instances concluded that the Orel OFAS Russia had proved the fact of imposing the unfavourable contract condition upon "Orelgorteploenergo" Municipal Unitary Enterprise.
Currently OFAS Russia is processing an administrative case initiated against "Orel Heating Network Company" OJSC for failure to execute within the designated period the determination on stopping the antimonopoly violations, validity of which was pronounced by the Courts.
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