OREANDA-NEWS. July 07, 2009. The Court of Cassation Instance confirmed validity of the decision and determination of the Tambov OFAS Russia that "Tambovskie Kommunalnie Sistemy" OJSC ("TKS" OJSC) violated the antimonopoly legislation. Upon establishing the fact of abusing dominant market position, "TKS" OJSC was fined 5.5 million Rubles, reported the press-centre of FAS Russia.

On 29th June 2009, the Arbitration Court of Cassation Instance upheld the ruling of the Tambov regional Arbitration Court, which had dismissed the claim of "TKS" OJSC on invalidating the decision and determination of the Tambov Office of the Federal Antimonopoly Service (OFAS Russia).

In 2008 the Tambov OFAS Russia found that "TKS" OJSC violated Part 1 Article 10 of the Federal Law "On Protection of Competition" by infringing the interests of "KomServicePlus" Ltd. - a managing company providing services to apartment blocks. OFAS Russia issued a determination requesting "TKS" OJSC to eliminate antimonopoly violations and adjusting conditions of the water supply contract.

OFAS Russia established that the contract for water supply and sewage disposal, concluded by "TKS" OJSC with a managing company - "KomServicePlus" Ltd., included payment conditions for the consumed water that contravened the Rules for Providing Utility Services for the Population.

"TKS" OJSC instructed the managing organisation to determine the volume of water consumed by the residents, who do not have accounting meters, using capacity of the pipes to the houses instead of the established consumption standards (in accordance with the Rules for Using the Systems of Communal Water Supply and Sewage in the Russian Federation). That would increase expenses of the managing organisation for paying for the resources that could not be paid for by the residents that, who make payments according to the accounting meters, or, in their absence, according to the established standards for water consumption per person.

The Tambov OFAS Russia pronounced the actions of TKS" OJSC on imposing unfavourable conditions of the water supply contract upon a managing organisation unlawful. The Courts of all instances supported the conclusions of the Tambov OFAS Russia.