OREANDA-NEWS. November 15, 2010. The Moscow City Arbitration Court dismissed the claim of the “Market Council” Non-Commercial Partnership on invalidating the determination of the Federal Antimonopoly Service (FAS Russia) to hold the “Market Council” administratively liable for failure to execute the lawful determination of the Antimonopoly Service within the designated period, reported the press-centre of FAS Russia.

On 25th March 2009, FAS Russia found that the “Market Council” Non-Commercial Partnership and “АТS” OJSC violated Part 1 Article 10 of the Federal Law “On Protection of Competition” (abusing market dominance) and also found that the “Market Council” Non-Commercial Partnership violated Article 11 of the Federal Law “On Protection of Competition” (concerted actions of economic entities).

The case was initiated upon petitions of wholesale market agents - “Tatenergo” OJSC and “Orenburgselenergosbyt” CJSC.

The companies stated that the 5-million Rubles fee to join the “Market Council” was excessive, unreasonable and created barriers for energy suppliers to enter the wholesale market.

Having investigated the case, FAS Russia issued a determination to the “Market Council” Non-Commercial Partnership to stop the antimonopoly violations.

However, on 27th May 2010, FAS Russia received a complaint from “Aleksinenergoasbyt” Ltd. about actions of the “Market Council” Non-Commercial Partnership, which were in violation of the determination issued by the antimonopoly authority. The “Market Council” lodged a claim to an Arbitration Court to collect the short payment (3 million Rubles) for the joining fee from the company.

Upon considering the administrative case, FAS Russia fined the “Market Council” Non-Commercial Partnership RUB 300,000 for failure to execute its determination.

The “Market Council” Non-Commercial Partnership filed a lawsuit to invalidate the determination but the Court confirmed legitimacy of the actions undertaken by the antimonopoly body.