OREANDA-NEWS. April 16, 2010. The 2nd Arbitration Appeal Court, Kirov, dismissed three appeals of the "Yaroslavl Tire Works" (YaShZ OJSC) and upheld the acts adopted by the Office of the Federal Antimonopoly Service in the Yaroslavl region (OFAS Russia), according to which the violator must transfer to the federal budget the funds, obtained as a result of repeated violations of the antimonopoly law when the company had transmitted electric energy to "Tutaevsky Asphalt-and-Concrete Works" Ltd., "Balkannaya Zvezda" CJSC and "Yartsentstroi" Ltd., reported the press-centre of FAS Russia.

Upon the findings of a scheduled inspection, the Yaroslavl OFAS Russia initiated 10 cases against "YaShZ" OJSC for violating Clause 10 Part 1 Article 10 of the Federal Law "On Protection of Competition", which prohibits an economic entity with dominant position on the market to violate pricing procedures. Contrary to the Law, "YaShZ" OJSC charges several organizations for transmitting electric and heating energy under the tariffs set by the Director on Economic and Finances of "YaShZ" OJSC without approaching the Yaroslavl Regional Department on Fuel, Energy Industry and Tariff Regulation.

Upon investigating all cases, the Yaroslavl OFAS Russia issued a determination to "YaShZ" OJSC" to transfer to the federal budget in total 6,292,164.97 Rubles, obtained as a result of the antimonopoly violations.

"YaShZ" OJSC disagreed with the acts passed by the Yaroslavl OFAS Russia and filed lawsuits. On three occasions the Yaroslavl Regional Arbitration Court and the 2nd Arbitration Appeal Court, Kirov, dismissed the claims of "YaShZ" OJSC.

"The Cassation Court has already passed four rulings on other cases, which confirm legitimacy of our actions against "YaShZ" OJSC. Another our decision is being challenged at Court by the monopolist. Today all Court Instances support the position of the antimonopoly body and, by the way, the violator has already started transferring the money to the federal budget", commented Ivan Pautov, Deputy Head of the Yaroslavl OFAS Russia.