OREANDA-NEWS. February 22, 2011. FAS Russia fined “Donenergosbyt” Ltd. for preventing a customer’s entry from a retail to a wholesale market of electric power. The Federal Antimonopoly Service (FAS Russia) fined the company around 35 million Rubles, reported the press-centre of FAS Russia.

FAS Russia found that “Donenergosbyt” Ltd. abused market dominance by preventing entry of a customer of “Nizhnovatomenergosbyt” OJSC – “Vodokanal” PO” OJSC - from a retail to a wholesale market of electric as “Donenergosbyt” Ltd. evaded signing the list of measurement devices for “Nizhnovatomenergosbyt” OJSC for commercial accounting purposes. Such actions of “Donenergosbyt” Ltd. violated Part 1 Article 10 of the Federal Law “On Protection of Competition”, which constitutes the grounds for holding the company administratively liable under Article 14.31 of the Code on Administrative Violations.

Earlier FAS Russia received petitions from “Nizhnovatomenergosbyt” OJSC that “Donenergosbyt” Ltd. and “Energosbyt Rostovenergo” OJSC had violated the antimonopoly law.

FAS Russia established that “Donenergosbyt” Ltd. and “Energosbyt Rostovenergo” OJSC were adjacent participants of the wholesale market of “Nizhnovatomenergosbyt” OJSC and exercised the functions of the provider of last resort in the Rostov region. “Donenergosbyt” Ltd. and “Energosbyt Rostovenergo” OJSC have the dominant position in the Rostov region and enjoy exclusive rights to agree upon the list of measuring devices and sign agreements on information exchange.

Having investigated the case, FAS Russia did not reveal any signs of antimonopoly violations in the actions undertaken by “Energosbyt Rostovenergo” OJSC and terminated the proceedings against this organisation.

Within 2010 “Donenergosbyt” Ltd. evaded signing the list of measuring devices with “Nizhnovatomenergosbyt” OJSC for the purposes of commercial accounting, which prevented entry of a customer of “Nizhnovatomenergosbyt” OJSC – “Vodokanal” PO” OJSC - from the retail market to the wholesale market of electric power (capacity).

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

Reference:
Article 14.31 of the Code of the Russian Federation on Administrative Violations establishes liability for an economic entity with dominant position on the market exercising actions that are recognised as abusing market dominance and prohibited by the antimonopoly law.