OREANDA-NEWS. August 05, 2009. The Moscow Arbitration Court dismissed the claim of "Sovet Rynka [Market Council]" Non-Commercial Partnership and confirmed validity of the decision and determination issued by the Federal Antimonopoly Service (FAS Russia) on the case about unreasonable joining fee to "Sovet Rynka" Non-Commercial Partnership (five million Rubles), reported the press-centre of FAS Russia.

In March 2009, FAS Russia found that "Sovet Rynka" Non-Commercial Partnership and "ATS" OJSC violated Part 1 Article 10 of the Federal Law "On Protection of Competition". Also FAS Russia found that "Sovet Rynka" Non-Commercial Partnership violated 11 Article 11 of the Federal Law "On Protection of Competition". Following its decision, FAS Russia issued a determination to Sovet Rynka" Non-Commercial Partnership aimed at stopping the violations of the antimonopoly legislation and ensuring competitive conditions.

The case was initiated upon petitions of "Tatenergo" OJSC and "Orenburgsel'energosbyt" CJSC, operating on the wholesale energy market.

The Law on Electric Power Industry required mandatory membership in "Sovet Rynka" Non-Commercial Partnership for the participants of the wholesale market; a participant of the wholesale market can lose its status in the absence of such membership.

The petitioning companies stated that the five million Rubles joining fee to "Sovet Rynka" Non-Commercial Partnership is overrated and unreasonable and it creates market entry barriers to the energy suppliers, which meet all requirements set for the participants of the wholesale market.

At the meeting of the FAS Russia's Commission, investigating the case, the Non-Commercial Partnership of Providers of Last Resort and Energy Suppliers, brought to the proceedings as an interested person, supported the petitioners and emphasized discriminatory nature of the joining fee, preventing access of energy suppliers (providers of last resort) to competitive bidding on the wholesale market, as well as the services provided by "ATS" OJSC.