OREANDA-NEWS. February 01, 2012. “Kazenergo” PO” Municipal Unitary Enterprise considered a warning issued by the Office of the Federal Antimonopoly Service in the Republic of Tatarstan (Tatarstan OFAS Russia) that it would be unacceptable to stop supplying heat energy to residential houses, reported the press-centre of FAS Russia.

Earlier the antimonopoly body discovered that members of staff of “Kazenergo” PO” Municipal Unitary Enterprise jointly with representatives of managing companies in Kazan, in particular, “Kalininskoye” Homeowners Association, made statements regarding expected termination of supplying heat energy to residential houses due to late payment for consumed heat energy. “Kazenergo” PO” Municipal Unitary Enterprise are involved in transmitting hear energy to consumers, whose energy-receiving devices are technologically connected to heating networks of this organization.

If these threats were exercised, “Kazenergo” PO” Municipal Unitary Enterprise could violate Clause 4 Part 1 Article 10 of the Federal Law “On Protection of Competition”. By terminating supply of heat energy to residential houses, “Kazenergo” PO” Municipal Unitary Enterprise will infringe the rights and interests of residents who bona fide pay utility bills, including heat energy.

On 12th January 2012, Tatarstan OFAS Russia warned “Kazenergo” PO” Municipal Unitary Enterprise that it would be unacceptable to exercise actions that can result in violating the antimonopoly law.

“Warning is a new instrument for suppressing actions that can result in violating the antimonopoly law. This instrument is introduced by the “third antimonopoly package”. Warnings enable us to immediately react to actions and statements of economic entities that can result in violating the antimonopoly law”, said Deputy Head of Tatarstan OFAS Russia, Ivan Scherbakov.

Reference:

Under Article 25.7 of the Federal Law “On Protection of Competition”:

1. To prevent violations of the antimonopoly law, an antimonopoly body shall issue a written warning to an official person of an economic entity that it is unacceptable to exercise actions that can result in violating the antimonopoly law (a warning).

2. The grounds for issuing a warning is a public statement by an official person of an economic entity about intended conduct on a goods market, if such conduct can result in violating the antimonopoly law and at the same time there are no grounds for initiating and investigating a case on violating the antimonopoly law.

3. A decision to issue a warning shall be made by the head of an antimonopoly body no later than ten days after the date when the antimonopoly body learned about a public statement of the economic entity regarding intended conduct on a goods market.

4. A warning must contain: conclusions about the grounds for issuing a warning; the norms of the antimonopoly law that can be violated by an economic entity.

5. The procedures for issuing a warning and its form shall be approved by the federal antimonopoly body.