Moscow OFAS Finalized Case on Maintenance of Apartment Meters
OREANDA-NEWS. December 30, 2010. On 27th December 2010, the Office of the Federal Antimonopoly Service in Moscow (OFAS Russia) found that the Moscow Government violated Part 1 Article 15 of the Federal Law “On Protection of Competition”.
The Moscow Government violated the antimonopoly law by adopting N0.77-PP Resolution. The provisions included in the Resolutions limit consumer choice of economic entities providing maintenance of hot and cold water meters installed in apartments, which restricts competition in the market for these services.
In particular, under the Resolution of the Moscow Government only organizations that manage the housing stock (housing organizations) can conclude the agreements for repair, maintenance and checking of house and apartment meters for cold and hot water.
However, under the Housing Code of the Russian Federation, the agreements for repair, maintenance and checking of house and apartment meters for cold and hot water must be concluded by the owners of residential premises in such houses.
“As stated earlier, No.77-PP Resolution introduces the norm according to which only managing organizations can enter into meter maintenance agreements. This is contrary to the federal law. Meters are the property of residents, so only the residents can decide who and how should maintain them”, explained the Head of Moscow OFAS Russia, Mr. Vladimir Yefimov. “On 27th December, the OFAS Commission officially pronounced that some provisions of No.77 Resolution of the Moscow Government №77 breach the federal legislation, including the antimonopoly law. We will now make sure that our determination is executed”.
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