OREANDA-NEWS. October 12, 2010. The Federal Arbitration Court of the Central District confirmed validity of the ruling of Voronezh Regional Arbitration Court and the decision of Voronezh OFAS Russia regarding “Voronezhregiongaz” Ltd., which abused market dominance, reported the press-centre of FAS Russia.     

Earlier the Office of the Federal Antimonopoly Service in Voronezh region (Voronezh OFAS Russia) found that “Voronezhregiongaz” Ltd. unreasonably evaded a gas-supply contract with “Voronezhsky Optcooptorg” Ltd., abusing market dominance.

Investigating the case, Voronezh OFAS Russia established that for over three months “Voronezhregiongaz” Ltd. had been evading the gas-supply contract with “Voronezhsky Optcooptorg” Ltd. using an excuse that the customer failed to provide a contract for emergency and maintenance services of their boiler-house.

Having investigated the case, the Commisssion of Voronezh OFAS Russia found that “Voronezhregiongaz” Ltd. violated the antimonopoly law - Part 1 Article 10 of the Federal Law “On Protection of Competition” – and issued a determination to eliminate the violation.

“Voronezhregiongaz” Ltd. challenged the decision of Voronezh OFAS Russia at Voronezh Regional Arbitration Court and the 19th Arbitration Appeal Court; however, the Court of First and Appeal Instances confirmed validity of the decision and determination issued by Voronezh OFAS Russia.

“It is a precedent case for Voronezh OFAS Russia because we stopped and proved in the Courts of three Instances the fact of abusing market dominance by the economic entity. For over three months “Voronezhregiongaz” Ltd. was evading the contract under an excuse of requiring non-statutory documents from customers”, pointed out the Head of Voronezh OFAS Russia, Vladimir Rokhmistrov. “Voronezhregiongaz” Ltd. must reconsider the procedures for entering into gas-supply contracts with its customers and adjust them in accord with the antimonopoly law”.

Reference:
Part 1 Article 10 of the Federal Law “On Protection of Competition” prohibits actions (omissions) of a dominant economic entity on the market that result or can result in preventing, restricting or eliminating competition and (or) infringing the interests of other persons.