Court Confirmed FAS Decision on Mosenergosbyt
OREANDA-NEWS. December 02, 2010. The 9th Arbitration Appeal Court confirmed legitimacy of the decision and determination of the Federal Antimonopoly Service (FAS Russia) regarding “Mosenergosbyt” OJSC following a complaint of “the Institute of Business Economics” Autonomous Non-Commercial Organization of Higher Professional Education, reported the press-centre of FAS Russia.
In August 2010, Moscow Arbitration Court already confirmed legitimacy of the FAS Russia’s decision and determination.
On 18th November 2009, FAS Russia found that “Mosenergosbyt” OJSC violated Part 1 Article 10 of the Federal Law “On Protection of Competition” (abusing market dominance) with regard to the Institute of Business Economics.
“Mosenergosbyt” OJSC evaded an energy supply contract with the Institute of Business Economics, which is contrary to Clause 5 Part 1 Article 10 of the Federal Law “On Protection of Competition”. The company also prevented entry of the Institute to the energy supply market in breach of Clause 9 Part 1 Article 10 of the Federal Law “On Protection of Competition”.
FAS Russia issued a determination to “Mosenergosbyt” OJSC to avoid violating the Law of the Russian Federation on electric power sector, including, the part on unreasonable evasion of energy supply contracts and failure to exercise actions that leads to unreasonable cut-off of power supply to physical person or legal entities. The Antimonopoly Service also obligated the company not to allow actions / omissions entering into energy supply contracts with the Institute of Business Economics and referring to absence of proper technological connection, provided “Infocom” CJSC restore possibility of energy supplies to the Institute of Business Economics.
“FAS Russia welcomes the Court ruling, which enables to protect legitimate interests of power consumers, regulate relations with regard to power supply to the educational institution and in the future avoid arbitrary cut-off of power supply”, said the Head of Vitaly Korolyov, the Head of the Department for Control over Electric Power Industry, commenting the ruling of the Appeal Court.
Комментарии