FGC UES Did Not Challenge FAS Decision at Moscow Arbitration Court
OREANDA-NEWS. February 07, 2011. Moscow Arbitration Court accepted “FGC UES” OJSC withdrawing its claim, and the Court terminated the proceedings on the case “FGC UES” OJSC vs. the Federal Antimonopoly Service (FAS Russia), reported the press-centre of FAS Russia.
On 5th August 2010, FAS Russia found that “FGC UES” OJSC violated Clause 5 Part 1 Article 10 of the Federal Law “On Protection of Competition” by evading a contract with “Tyumenenergo” OJSC and refusing, without any economic or technological reasons, to arrange technological connection of power-receivers of “Samootlorneftegaz” OJSC and “TNK-Nizjnevartovsk” OJSC (н 220 kW for PS-110 kW “Fakel”).
As the contract is concluded, FAS Russia closed the antimonopoly case, classifying such actions as voluntary elimination of the antimonopoly violations.
Reference:
Clause 5 Part 1 Article 10 of the Federal Law “On Protection of Competition” prohibits actions (omissions) by an economic entity with dominant position that haver resulted or could result in preventing, restricting or eliminating competition and (or) infringing the interests of other persons, including economically or technologically unjustified refusal to conclude a contract or evading contracts with particular buyers (customers) if there is a possibility to produce or supply the goods, and if such a refusal or evasions are not directly provided for by the federal laws, normative legal acts of the President of the Russian Federation, normative legal acts of the Government of the Russian Federation, normative legal acts of the authorised federal executive bodies or judicial acts.
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