OREANDA-NEWS. August 29, 2011. The Federal Arbitration Court of the Moscow District upheld the decisions and determinations of the Federal Antimonopoly Service (FAS Russia) on two cases, when FAS found that “FGC UES” OJSC abused its market dominance by imposing contract conditions upon “Tyumenenergo” OJSC. The contract was concluded in the interests of “LUKOIL-ENERGOSETI” OJSC and concerned “Novie Pokachi” and “Kechimovskaya” Sub-Stations, reported the press-centre of FAS Russia.

On 4 and 5 August 2010, FAS Russia found that “FGC UES” OJSC violated Clause 3 Part 1 Article 10 the Federal Law “On Protection of Competition” on two cases, which established the facts of abusing market dominance by the company. “FGC UES” OJSC breached the law by imposing disadvantageous conditions of a technological connection contract upon “Tyumenenergo” OJSC that were not directly provided for by normative legal acts. These conditions included: the need to apply to the Federal Tariff Service for fixing the technological connection fee depending on “Tyumenenergo” OJSC signing an additional agreement and possibility for “FGC UES” OJSC to unilaterally change the periods for executing obligations under the technological connection contract.

The Antimonopoly Service also issued determinations to the company to stop violating the antimonopoly law.

“FGC UES” OJSC disagreed with the decisions and determinations of the Antimonopoly Service and filed lawsuits.

The Federal Arbitration Court of the Moscow District examined these cases as a Cassation Court and supported FAS position.

“It is very important that FAS approaches to regulating relations in the filed of technological connection to electric grids as an element of the national policy for ensuring non-discriminatory access to the services of natural monopolies in the electric power industry receive support at Courts. It means we are moving in the right direction”, said the Head of FAS Department for Control over Electric Power Industry Vitaly Korolyov.