Appeal Court Reduced Fine upon Tyumenenergo
OREANDA-NEWS. October 31, 2011. The 8th Arbitration Appeal Court pronounced legitimacy of the order issued by the Office of the Federal Antimonopoly Service in the Tyumen Region (Tyumen OFAS Russia) to fine “Tyumenenergo” OJSC over 21 million Rubles, reported the press-centre of FAS Russia.
“Tyumenenergo” OJSC avoided concluding contracts with home owners for technological connection. Citizens applied to Tyumen distribution networks – a branch of “Tyumenenergo” OJSC for connecting their houses to electric power supply. However, a branch of “Tyumenenergo” OJSC forwarded their applications to “Direktsia Kommunalno-Khozyaistvennogo Stroitelstva”, which is the ordering customer for construction of engineering networks to a development in Kazarov-Bereznyaki village.
On 11th February 2009, “Tyumenenergo” OJSC and “Direktsia Kommunalno-Khozyaistvennogo Stroitelstva” signed a contract for technological connection of energy-receiving devices, required to provide energy supply to individual dwelling. As “Tyumenenergo” OJSC sent an offer to “Direktsia Kommunalno-Khozyaistvennogo Stroitelstva”, the company also referred applicants to that organization. At the court hearing, “Tyumenenergo” OJSC explains its actions by absence of actual, legal and technological possibilities for technological connections.
Tyumen OFAS Russia found that “Tyumenenergo” OJSC violated Part 1 Article 10 of the Federal Law “On Protection of Competition” and ordered to fine the company 38 million Rubles.
“Tyumenenergo” OJSC filed a lawsuit challenging the decision of the antimonopoly body.
The courts of three instances pronounced legitimacy of the conclusions made by Tyumen OFAS Russia. The 8th Arbitration Appeal Court reduced the fine to 21 million Rubles.
“Holding violators of the antimonopoly law administratively liable also has a preventive function for repeating actions prohibited by the antimonopoly law by economic entities”, commented Deputy Head of Tyumen OFAS Russia, Irina Potkina.
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