OREANDA-NEWS. October 26, 2010. The Federal Arbitration Court of the Moscow District dismissed the cassation appeal of “MTK” OJSC, reported the press-centre of FAS Russia.

On 7th October 2009, the Commission of the Office of the Federal Antimonopoly Service in Moscow (Moscow OFAS Russia) found that “MTK” OJSC violated Part 1 Article 10 of the Federal Law “on Protection of Competition” (abusing dominance on the market of services for transmitting heating energy in Moscow).

“MTK” OJSC applied excessive tariffs for heating energy to “PIK-Comfort” Ltd. (755.55 Rubles per Gcal instead of 713.43 Rubles per Gcal as established by a relevant Decree of the Moscow Government). “Wrong tariff application by resource-supplying organizations is one of the major problems on the housing and utilities market as it results in additional costs of the managing companies and makes their operations unprofitable”, said Vladimir Yefimov, the Head of Moscow OFAS Russia.

“MTK” OJSC disagreed with the decision of the Office of the Federal Antimonopoly Service in Moscow and filed a lawsuit.

On 17th May 2010, Moscow City Arbitration Court dismissed the claim of “MTK” OJSC on invalidating the decision of Moscow OFAS Russia.

“MTK” OJSC appealed the judgment of the Court of First Instance to the 9th Arbitration Appeal Court.

On 10th August 2010, the Court of Second Instance upheld the judgment of Moscow City Arbitration Court and dismissed the appeal.

The Court of Third Instance also took the side of Moscow OFAS Russia and dismissed the cassation appeal of the “Moscow Heating Networks Company” OJSC.

“We are pleased that the Court supported our decision, which allowed us to restore the rights of the managing company”, stated Vladimir Yefimov.