OREANDA-NEWS. January 30, 2012. Kemerovo Arbitration Regional Court pronounced legitimacy of the decision and determination of the Office of the Federal Antimonopoly Service in the Kemerovo Region (Kemerovo OFAS Russia) to fine “Myskovskaya Energosetevaya Kompania” OJSC over 400,000 Rubles, reported the press-centre of FAS Russia.

Earlier the Commission of Kemerovo OFAS Russia found that the company violated the antimonopoly law. “Myskovskaya Energosetevaya Kompania” OJSC included in standard contracts for delivery and use of heat energy the terms and conditions for terminating and restricting supplies not provided for by the current legislation, as well as including in the contracts different payment conditions and liability of consumers for non-fulfillment of contract conditions.

The company filed a lawsuit to challenge the decision of the antimonopoly body.

At the court hearing “Myskovskaya Energosetevaya Kompania” OJSC admitted the fact of committing the violation and at the same time indicated that the company could be relieved from administrative liability due to insignificance of the violation.

Although no incidents of negative consequences for subscribers were established, Kemerovo Arbitration Regional Court fully agreed with the position of Kemerovo OFAS Russia.

“Kemerovo Arbitration Regional Court repeatedly applied Article 2.9 of the Code of the Russian Federation on Administrative Violations revoking determinations issued by Kemerovo OFAS Russia for violating the antimonopoly law, finding them insignificant. Undoubtedly, this decision is important for further judicial practice of our OFAS”, pointed out the Head of Kemerovo OFAS Russia, Ms. Natalia Kukharskaya.