OREANDA-NEWS. July 09, 2012. The Federal Arbitration Court of the Moscow District dismissed the claim of “Marienergosbyt” OJSC to reconsider the ruling of the Federal Arbitration Court of the Moscow District upon discovery of new facts. The company considered the legal view of the Presidium of the Supreme Arbitration Court of the Russian Federation on another case as such new facts, reported the press-centre of FAS Russia.

On 31st January 2012, the Federal Arbitration Court of the Moscow District upheld the decision and determination of the Federal Antimonopoly Service regarding “Marienergosbyt” OJSC, and reversed judicial acts of Moscow Arbitration Court and the 9th Arbitration Appeal Court, which invalidated the decision and determination issued by FAS.

On 8th December 2010, FAS Commission found that “Marienergosbyt” OJSC violated Part 1 Article 10 of the Federal Law “On Protection of Competition”, which prohibits economic entities to abuse their dominant position.

The company violated the antimonopoly law by breaching pricing procedures established by normative legal acts and by manipulating prices on retail market of electric power calculating threshold levels of free (non-regulated) prices for electric power (capacity) for consumer payments in 2010.

As a result, electric power prices for end user increased.

“Marienergosbyt” OJSC was issued a determination to stop violating the antimonopoly law.

“The Cassation Court demonstrated a balanced approach to evaluating legal views of the Presidium of the Supreme Arbitration Court of the Russian Federation and their applicability to particular cases and dismissed the claim of “Marienergosbyt” OJSC to reconsider FAS determination. The case against “Marienergosbyt” OJSC constitutes a precedent as the first exposure of price manipulation of retail market of electric power”, stated the Head of FASA Department for Control over Electric Power Industry, Vitaly Korolyov.