OREANDA-NEWS. February 08, 2010. "Dalnevostochnaya Energeticheskaya Kompania [Energy Supplier]" OJSC ("DEK" OJSC) transferred illegal income (9,432,931 Rubles) obtained through antimonopoly violations to the federal budget, reported the press-centre of FAS Russia.

Earlier the Office of the Federal Antimonopoly Service in the Khabarovsk region (the Khabarovsk OFAS Russia) found that the company violated Article 10 of the Federal Law "On Protection of Competition" (which prohibits abusing market dominance).

The case was initiated upon petitions to the antimonopoly body from several economic entities.

"DEK" OJSC, in the person of its branch "Khabarovskenergosbyt" (operating in the Khabarovsk region), has dominant market position with over 50% share on the market of services for buying-and-selling electric power.

Khabarovsk OFAS Russia established that "DEK" OJSC offered different contract conditions of energy supply to its customers. For instance, out of 12,516 contracts concluded in the Khabarovsk region (as of December 2008), contracts with 5,396 customers contained a provision that a customer should compensate the cost of difference between the consumed electric power and the contract volume to the provider of last resort, calculating the amount of compensation at the formulae specified in the contract; while contracts with 4775 customers did not have this provision.

Also, "DEK" OJSC charged economic entities if consumption of electric power deviated from the contract volume.

Therefore, "DEK" OJSC created discriminatory conditions for supply of electric power because several contracts for electric power supply contained unjustified provision, which contravened the existing legislation, on paying a penalty according to the formulae (a counteragents pays a penalty if it consumes more or less electric power that specified in the contract) and the company fined some of its customers, which put them in unequal position in comparison with other customers who signed contracts that did not contained such provisions and did not incur penalties.

The Khabarovsk OFAS Russia issued a determination to "DEK" OJSC to stop antimonopoly violations and pay the income, illegally obtained through violating the antimonopoly law, to the federal budget.