OREANDA-NEWS. November 25, 2010. The Federal Antimonopoly Service (FAS Russia) found that “Donenergosbyt” Ltd. abused market dominance (violation of Part 1 Article 10 of the Federal Law “On Protection of Competition”), reported the press-centre of FAS Russia.

FAS Russia received petitions from “Nizhnovatomenergosbyt” OJSC that “Donenergosbyt” Ltd. and “Energosbyt Rostovenergo” OJSC violated the law by preventing entry of the energy supplier (“Nizhnovatomenergosbyt” OJSC) to the wholesale market of electric power (capacity). The companies evaded signing the list of measurement devices for commercial accounting with “Nizhnovatomenergosbyt” OJSC regarding a group of delivery points of energy-receiving devices of “Vodokanal” PO” OJSC.

FAS Russia established that “Donenergosbyt” Ltd. and Energosbyt Rostovenergo” OJSC are adjacent agents on the wholesale market of “Nizhnovatomenergosbyt” OJSC and perform the functions of provider of last resort in the Rostov region. “Donenergosbyt” Ltd. and “Energosbyt Rostovenergo” OJSC have dominant position in the market of the Rostov region and enjoy the exclusive right to approve the measurement lists and sign the information exchange agreements.

Having investigated the case, FAS Russia did not discover any signs of antimonopoly violations by “Energosbyt Rostovenergo” OJSC and terminated the proceedings against the company.

FAS Russia established that in 2010 “Donenergosbyt” Ltd. evaded signing the list of measurement devices for commercial accounting with “Nizhnovatomenergosbyt” OJSC, which prevented entry of “Nizhnovatomenergosbyt” OJSC from retail to wholesale market of electric power (capacity).

According to the information submitted by “Vodokanal” PO” OJSC, preventing entry of “Nizhnovatomenergosbyt” OJSC to the wholesale market in 2010 году causes damages to “Vodokanal” PO” OJSC: in 2010 – 56,723,091.04 Rubles and in 2011 – 72,203,898.20 Rubles.

“Donenergosbyt” Ltd. was issued a determination to eliminate the violations.

Reference:

In the first six months of 2010 FAS Russia and its regional offices initiated 1289 cases (Article 10 of No.135-FZ Federal Law “On Protection of Competition” of 26th July 2006). Based on the findings of FAS inspections, the Antimonopoly Service has issued 678 determinations to stop the antimonopoly violations.

In the first six months of 2010 the antimonopoly authority initiated 705administrative cases for abusing market dominance under Article 14.31 of the Code of the Russian Federation on Administrative Violations.