OREANDA-NEWS. June 03, 2011. Ulyanovsk Regional Arbitration Court pronounced legitimacy of the determination issued by the Office of the Federal Antimonopoly Service in the Ulyanovsk region (Ulyanovsk OFAS Russia) on imposing 11.6 million Rubles administrative fine upon “Gorodskoi Teploservice” Ulyanovsk Municipal Unitary Enterprise, reported the press-centre of FAS Russia.

On 25th June 2010, Ulyanovsk OFAS Russia considered petitions of “Venets”, “Luch”, “Pulsar”, “Vector” and “Severnoye” Homeowners Associations, and found that “Gorodskoi Teploservice” Ulyanovsk Municipal Unitary Enterprise violated Part 1 Article 10 of the Federal Law “On Protection of Competition”.

In February 2010, according to the copies of pro forma invoices, consumption of heat energy for heating bathrooms and losses in stand pipes were separate entries, in other periods the losses were included in heating.

The Commission of Ulyanovsk OFAS Russia issued a determination to “Gorodskoi Teploservice” to stop the antimonopoly violation.

“Gorodskoi Teploservice” filed a lawsuit challenging the OFAS decision; and Ulyanovsk Regional Arbitration Court, the 11th Arbitration Appeal Court (Samara) and the Federal Arbitration Court of the Povolzhye District (Kazan) supported the position of the antimonopoly body.

Ulyanovsk OFAS Russia fined “Gorodskoi Teploservice” 12.8 million Rubles of committing the violation.

“Gorodskoi Teploservice” filed a lawsuit challenging the fine. Ulyanovsk Regional Arbitration Court reduced the fine to 1 % of the income gained on the market of heating energy supply in 2009 (11.6 million Rubles).

“Gorodskoi Teploservice” Ulyanovsk Municipal Unitary Enterprise exceeded the limits of exercising civil-law rights, by obligating the subscribers, among whom the company has dominant position, to pay an additional heating fee. It is important that after “Gorodskoi Teploservice” lost the lawsuits, it performed recalculations for all Homeowners Associations. Thus, the fee for consumed heating energy to be paid by Gorodskoi Teploservice” was reduced after the determination had been issued. At the moment, OFAS has investigated two other similar cases, and it was found that the company violated the antimonopoly law”, commented the situation the Head of Ulyanovsk OFAS Russia, Mr. Gennady Spirichagov.