OREANDA-NEWS. December 23, 2009. The Federal Arbitration Court of the Urals District supported the position of the Office of the Federal Antimonopoly Service in the Chelyabinsk region (the Chelyabinsk OFAS Russia), confirming the decision of the antimonopoly body that "Chelyabenergosbyt" OJSC abused market dominance. Earlier the Courts of the First Instance and the Appeal Court arrived to the same conclusions, reported the press-centre of FAS Russia.

The Chelyabinsk OFAS Russia found that "Chelyabenergosbyt" OJSC violated Clauses 5 and 9 Part 1 Article 10 of the Federal Law "On Protection of Competition".

The antimonopoly body discovered that "Chelyabenergosbyt" OJSC abused its dominance in the retail market of electric power. The company unreasonably refused to conclude a contract with "Teploenergosbyt" Ltd. for buying-and-selling electric power.

"Teploenergosbyt" Ltd. had preliminary electric power supply contracts with "Topolinaya Alleya" Managing Company" Ltd., as well as a developing company "Investstroikom" Ltd., involved in residential housing construction in the Central District of the city of Chelyabinsk. "Teploenergosbyt" Ltd. intended to sell electric power to "Topolinaya Alleya" Managing Company" Ltd. during the next year for the needs of the population in the developments.

Acting on behalf and in the interests of consumers, "Teploenergosbyt" Ltd. applied to the provider of last resort - "Chelyabenergosbyt" OJSC for entering into a contract for buying-and-selling electric power with regard to delivery points within the company's area of operation. The application was refused.

The Chelyabinsk OFAS Russia issued a determination to "Chelyabenergosbyt" OJSC to enter into a contract with "Teploenergosbyt" Ltd. or send the Protocol of Disagreements.