OREANDA-NEWS. August 10, 2012. “MRSK North Caucasus” OJSC continues a lawsuit challenging the 12.5 million Rubles fine imposed by an antimonopoly body upon the company for restricting energy consumption. The Courts, however, do not support the company in this dispute, reported the press-centre of FAS Russia.

On 6th August 2012, the 16th Arbitration Appeal Court confirmed legitimacy of the fines imposed upon the company and upheld the decision of the Antimonopoly Service.

Earlier the Office of the Federal Antimonopoly Service in the Republic of Dagestan (Dagestan OFAS Russia) found that “MRSK North Caucasus” OJSC violated Part 1 Article 10 of the Federal Law “On Protection of Competition”.

“Elektrosignal” OJSC complained to OFAS Dagestan OFAS Russia that “DESK” OJSC introduced restrictions for electric power consumption. The antimonopoly body inspected the situation the established that “DESK” OJSC had been the initiator of terminating power supply, while “MRSK North Caucasus” OJSC had executed the restrictions. Dagestan OFAS Russia issued a determination to MRSK North Caucasus” OJSC to stop the violations and fined the company over 20 million Rubles under Article 14.31 of the Code on Administrative Violations.

Dagestan Arbitration Court and the Appeal Court, at which the company lodged an appeal challenging the fine, dismissed the claim of “MRSK North Caucasus” OJSC. The Federal Arbitration Court of the North Caucasus District, however, reversed the judicial acts issued by lower instances and decreased the fine to 12.5 million Rubles.

“MRSK North Caucasus” OJSC once again approached the 16th Arbitration Appeal Court attempting to challenge the new fine – 12.5 million Rubles. The Court again took the side of the antimonopoly body.

“This is not the first when large fine is imposed upon the energy company by Dagestan OFAS Russia. I wish very much that before energy companies choose to introduce any restrictions for consumers, they remember that such actions constitute violations. And we will punish them with severity for violating the law”, the Head of Dagestan OFAS Russia, Kurban Kubasaev, commented the Court ruling.