OREANDA-NEWS. August 10, 2011. The 8th Arbitration Appeal Court confirmed validity and reasonableness of the decision and determination issued by the Office of the Federal Antimonopoly Service in the Tyumen Region (Tyumen OFAS Russia) that “Gazprom Mezhregiongaz Sever” CJSC violated Part 1 Article 10 of the Federal Law “On Protection of Competition” (abusing market dominance), reported the press-centre of FAS Russia.

On 22nd October 2010, Tyumen OFAS Russia found that “Gazprom Mezhregiongaz Sever” CJSC violated the antimonopoly law. The company has the dominant position on the market of natural gas in the Tyumen region. Referring to the debt incurred by “Zelyony Dom” managing company, “Gazprom Mezhregiongaz Sever” CJSC terminated gas supply to the boiler-room of an apartment block. For over than a month the residents of the apartment block did not have hot water supply regardless of whether they had outstanding payments.

According to Tyumen OFAS Russia, 39 residents of the apartment block made bona fide payments and should not have been forced to suffer because of the dispute between the supplier of resources and the managing company. “Gazprom Mezhregiongaz Sever” CJSC was aware that the gas was supplied to the managing company for the household needs: heating and hot water supply services to the residential house.

“Gazprom Mezhregiongaz Sever” CJSC was issued a determination to prevent such violations in the future. To control determination enforcement, the company must report to Tyumen OFAS Russia about every case of cutting off gas supply to residential houses.

Tyumen OFAS Russia also fined “Gazprom Mezhregiongaz Sever” CJSC 96.9 million Rubles for abusing market dominance and infringing the rights of other persons.

“The Courts rulings that the decision and determination passed by the antimonopoly body are legitimate will help prevent such violations of the antimonopoly law by the monopolist” said the Head of Tyumen OFAS Russia, Dmitry Shalabodov.

Reference:

Part 1 Article 10 of the Federal Law “On Protection of Competition” prohibits actions (omissions) of an economic entity with dominant market position that lead or can lead to preventing, restricting, eliminating competition and (or) infringing the interests of other persons, particularly, imposing disadvantageous contract conditions upon a counteragent or conditions irrelevant to the contract subject, and violating the pricing procedures established by normative legal acts.