OREANDA-NEWS. November 30, 2009. The Federal Antimonopoly Service (FAS Russia) found that "Mosenergosbyt" OJSC breached Part 1 Article 10 of the Federal Law "On Protection of Competition". The law was violated by infringing the interests of the Institute of Business Economics: cutting off supply of electric power and forcing the Institute to make recurrent technological connection to telecommunication networks of "Infocom" CJSC. FAS Russia also found that "Infocom" CJSC breached Part 1 Article 10 of the Federal Law "On Protection of Competition" in terms of preventing entry of the Institute to the electric power supply market, reported the press-centre of FAS Russia.

The companies demanded recurrent technological connection of the building of the Institute of Business Economics to telecommunication networks, while electric power was already being supplied to the building on the basis of technical specification issued to the previous owner of the facilities in 1980.

The Law on Electric Power Industry specifies that repeated technological connection is not required when the owner of energy receivers or facilities of the electric power industry has changed and earlier the devices and facilities were technologically connected according to established procedures, and the types of production activities, exercised by the new owner, do not require reconsideration of the value of connected power, and do not require changing the scheme for external electric power supply and the safety rating of the electric power supply.

"Mosenergosbyt" OJSC is included in the Register of economic entities with over 35% market share (selling electric power) within the boundaries of Moscow, with the share equal to more than 65%. "Mosenergosbyt" OJSC is an electric power supplier and dominates the market for sale of electric power in Moscow.

"Infocom" CJSC dominates the market for transfer of electric power within the boundaries of the company's networks, and can exercise decisive influence upon the overall conditions for providing services for electric power transfer on the markets for such services, push other economic entities form the relevant market and (or) hinder entry of other economic entities to such a market.

"Infocom" CJSC forbids such actions of a dominant market entity, that have resulted or could result in infringing the interests of a person or several other people.

FAS Russia will issue a determination to "Mosenergosbyt" OJSC and "Infocom" CJSC with a request to stop the violations.