OREANDA-NEWS.  June 27, 2012. The Supreme Arbitration Court of the Russian Federation dismissed a claim of “Vodokanal” Production Association” OJSC for transferring its case to the Presidium of the Supreme Arbitration Court to reconsider a decision and determination of the Office of the Federal Antimonopoly Service in the Kemerovo Region (Kemerovo OFAS Russia), reported the press-centre of FAS Russia.

Earlier the antimonopoly body found that “Vodokanal” Production Association” OJSC abused its market dominance by imposing conditions of water supply contracts with managing companies on the size of the fee for supplied water, the volume of which was determined by an improper metering device; suspending or limiting water supply services; unilaterally terminating a contract (in breach of Clause 3 Part 1 Article 10 of the Federal Law “On Protection of Competition”).

Kemerovo OFAS Russia issued a determination to the water services company to amend water supply contracts in order to comply with the Rules for providing utilities services to the general public.

The Appeal Court and the Cassation Court confirmed legitimacy of the conclusions made by the antimonopoly body.

“The Supreme Arbitration Court of the Russian Federation also found proven our decision aimed at protecting the interests of the general public”, commented the Head of Kemerovo OFAS Russia, Natalia Kukharskaya.

Reference:

Clause 3 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, in particular, the following actions (omissions): imposing disadvantageous contract conditions upon a counteragent or conditions irrelevant to the subject matter of a contract (economically or technologically unjustified and (or) not provided for directly by the federal laws, normative legal acts of the President of the Russian Federation, normative legal acts of the Government of the Russian Federation, normative legal acts of the authorized federal executive bodies or judicial acts, requirements to transfer financial means, other property, including property rights, as well as a consent to conclude a contract subject to introduction of provisions on goods, in which a counteragent is not interested).