OREANDA-NEWS. September 09, 2010. The Tomsk Regional Arbitration Court dismissed the claim of “TGK-11” OJSC and confirmed validity of the 3-million fine imposed by the Tomsk Office of the Federal Antimonopoly Service (OFAS Russia), reported the press-centre of FAS Russia.

“TGK-11” OJSC was made administratively liable based upon the decision of the Commission of Tomsk OFAS Russia, made in July 2009. “TGK-11” OJSC used a technique for calculating the quantity of heat energy for housing associations and housing cooperatives in the absence or faulty heat energy meters, which was not provided for this category of consumers by the existing legislation.

Clause 10 Part 1 Article 10 of the Federal Law “On Protection of Competition” prohibits actions (omissions) of an economic entity with dominant market position, that have resulted or can result in preventing, restricting or eliminating competition and (or) infringing the interests of other persons, in particular, violating pricing procedures established by normative legal acts.

“TGK-11” OJSC dominates the market of heat energy supplies within the geographic boundaries of Tomsk municipality. Thus, the company can exercise decisive influence upon general conditions of goods circulation, or prevent market entry of other economic entities.

Sanctions specified in Article 14.31 of the Code of the Russian Federation on Administrative Violations are and administrative fine for legal entities – from one hundredth to fifteen hundredths of the income of the violator from sale of goods (works, service) on the market, where the violation was committed, but no more than one fiftieth of the total income of the violator from sale of all goods (works or services).

The Tomsk OFAS Russia fined “TGK-11” OJSC three million Rubles. The company disagreed with the determination of the antimonopoly body and filed a lawsuit to the Tomsk Regional Arbitration Court.

The Court dismissed the claim of “TGK-11” OJSC and upheld the determination of the Tomsk OFAS Russia.