Courts Confirmed Decision of Voronezh OFAS on Voronezhteploset
OREANDA-NEWS. June 02, 2011. The 19th Arbitration Appeal Court of the Voronezh Region dismissed the claim of “Voronezhteploset” and confirmed legitimacy of the decision and determination issued by the Office of the Federal Antimonopoly Service in the Voronezh region (Voronezh OFAS Russia), reported the press-centre of FAS Russia.
Earlier Voronezh OFAS Russia found that “Voronezhteploset” violated Part 1 Article 10 of the Federal Law “On Protection of Competition”. On 7th – 16th September 2010, the company unreasonably terminated heating supply services (supplying hot water) and unreasonably threatened “Begovaya” Ltd. and residents of two apartment blocks in Voronezh.
The case was initiated upon a collective statement of the residents of apartment blocks and “Begovaya” Ltd. about actions of “Voronezhteploset”. In course of the case investigation, Voronezh OFAS Russia also received a statement from “Suvorovets” Homeowners Association with a request to invalidate actions of “Voronezhteploset” that had terminated hot water supply to their apartment blocks.
The Commission of Voronezh OFAS Russia established that the company had terminated heating supply services not only to the consumers that had accumulated arrears for hot water supply, but also consumers who had duly paid for utilities, which was in breach of Part 4 Article 22 of the Federal Law “On Heating Supply”.
At the same time, actions of “Voronezhteploset” resulted in infringing the rights and interests of “Suvorovets” Homeowners Association and “Begovaya” Ltd. in the field of their economic activities.
Later the antimonopoly proceedings were terminated due to “Voronezhteploset” voluntarily eliminating the antimonopoly violation.
“Voronezhteploset” disagreed with the decision of the decision of the antimonopoly body and filed a lawsuit. However, Voronezh Regional Arbitration Court dismissed the claim.
In its turn, the 19th Arbitration Appeal Court of the Voronezh Region upheld the judgment of the court of first instance and dismissed the appeal of “Voronezhteploset”.
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