Court Confirmed FAS Decision on MRSK Sibir
OREANDA-NEWS. September 17, 2010. The 3rd Arbitration Appeal Court pronounced validity of the decision and determination of the Office of the Federal Antimonopoly Service in the Krasnoyarsk Region (OFAS Russia) that “MRSK Sibir” OJSC had created discriminatory conditions for “Siburenergomanagement” OJSC, reported the press-centre of FAS Russia.
Upon a petition of “Siburenergomanagement” OJSC, Krasnoyarsk OFAS Russia initiated a case against “MRSK Sibir” OJSC for the signs of violating Article 10 of the Federal Law “On Protection of Competition”.
“Siburenergomanagement” OJSC complained that “MRSK Sibir” OJSC evaded to agree upon a two-rate tariff as the selected method of payment for the services of electric power transmission. At the same time, competitors of “Siburenergomanagement” OJSC were allowed to select the payment method. Also MRSK Sibir” OJSC attempted to impose disadvantageous contract conditions in terms of committed capacity.
Investigating the case, the Commission of Krasnoyarsk OFAS Russia found that the company violated the antimonopoly law and issued a determination to stop the violation.
“MRSK Sibir” OJSC disagreed with the decision of the antimonopoly body and filed a lawsuit to Krasnoyarsk Regional Arbitration Court. Upon examining the case file, Krasnoyarsk Regional Arbitration Court concluded that the decision of Krasnoyarsk OFAS Russia was legitimate and reasonable.
“MRSK Sibir” OJSC lodged an appeal to the 3rd Arbitration Appeal Court, which upheld the judgment of Krasnoyarsk Regional Arbitration Court.
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