OREANDA-NEWS. December 07, 2010. The Commission of the Federal Antimonopoly Service (FAS Russia) found that “United National Electric Grid” OJSC (“FGS UES” OJSC) violated Part 1 Article 10 of the Federal Law “On Protection of Competition”, reported the press-centre of FAS Russia.

The case was initiated upon a petition of “Gazprom Energo” Ltd., which filed a complaint about actions of “FGS UES” OJSC that had evaded signing a sublease contract with “Gazprom Energo” Ltd. for facilities of power supply network legally owned by “Gazprom Energo” Ltd. and included in the united national (all-Russian) power network.

Under Articles 7, 8 and 47 of the Federal Law “On Electric Power Industry”, owners or other legal holders of power supply network facilities, included in the united national (all-Russian) power network, must transfer the management of these facilities to “FGS UES” OJSC.

Investigating the case, the FAS Russia’s Commission found that “FGS UES” OJSC violated Part 1 Article 10 of the Federal Law “On Protection of Competition” by refusing to enter into the contract with “Gazprom Energo” Ltd. without any economic and technological justification and evading the contract which would determine the conditions for using the facilities of the united national power network.

Reference:

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

Under Part 2 Article 7 of the Federal Law “On Electric Power Industry”, to ensure security of the Russian Federation and unity of economic space in the field of electric power circulation, and protect the rights and legitimate interests of legal an physical persons, owners or other legitimate holders of power supply network facilities included in the united national (all-Russian) power network, are limited in exercising their rights in the part of:

the rights for concluding contracts for the services of transmitting electric power using the power supply network facilities included in the united national (all-Russian) power network, and for determining the contract conditions;

using (decommissioning) the above facilities without an approval by the organization managing the united national (all-Russian) power network.

Under Part 3 Article 8 of the Federal Law “On Electric Power Industry”, the organization managing the united national (all-Russian) power network concludes contracts with other owners or other legitimate holders of power supply network facilities included in the united national (all-Russian) power network to determine the procedures for use of these facilities.