OREANDA-NEWS. April 04, 2011. The Federal Arbitration Court of the Moscow District dismissed a cassation appeal of “Mosenergosbyt” OJSC. The company sought invalidation of the decision and determination issued by the Federal Antimonopoly Service (FAS Russia); however, the Court confirmed their legitimacy, reported the press-centre of FAS Russia.

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).

“Mosenergosbyt” OJSC evaded an electric power supply contract with the Institute of Economics of Business, which was in breach of Clause 5 Part 1 Article 10 of the Federal Law “On Protection of Competition”. The company also prevented entry of the Institute to the market of electric power supply, which violated Clause 9 Part 1 Article 10 of the Federal Law “On Protection of Competition”.

FAS Russia issued a determination to “Mosenergosbyt” OJSC not to violate the law of the Russian Federation on electric power industry, particularly prohibiting the company to evade electric power supply contracts without reasonable grounds and exercise actions that lead to unjustified termination of electric power supply to physical persons or legal entities. The Antimonopoly Service also obligated the company to prevent taking actions / omissions when concluding contracts for electric power supply contracts with the Institute of Economics of Business referring to absence of proper possibilities for technical connection, provided that “Infocom” CJSC would restore possibility to supply electric power to the Institute of Economics of Business.

“Mosenergosbyt” OJSC disagreed with the decision and determination issued by the Antimonopoly Service and filed a lawsuit.

However, in August 2010, Moscow Arbitration Court and on 29th November 2010 the 9th Arbitration Appeal Court confirmed legitimacy of the decision and determination issued by FAS Russia with regard to “Mosenergosbyt” OJSC upon a complaint of the “Institute of Economics of Business” Autonomous Non-Commercial Organisation of Higher Professional Education.

“The findings of the Cassation Court once again confirm legitimacy of the decisions taken by the antimonopoly bodies with regard to the persons preventing power transfer and unreasonably terminating supply of electric power to consumers”, commented the Court’s ruling Deputy Head of FAS Russia Anatoly Golomolzin.