Leningrad OFAS Won Court Case against Lenenergo
OREANDA-NEWS. August 24, 2012. The 13th Arbitration Appeal Court supported a decision of the Office of the Federal Antimonopoly Service in the Leningrad Region (Leningrad OFAS Russia) on one of the cases initiated against “Lenenergo” OJSC, reported the press-centre of FAS Russia.
The case against the monopolist was initiated by Leningrad OFAS Russia upon a petition of residents of the Gatchina District, the Leningrad region.
According to the petitioners, the network organization offered a draft contract for connecting to electric power networks, according to which petitioners must have designed and assemble wood poles at the boundary of their land plots.
“Lenenergo” OJSC also violated the response time on residents’ petitions. For instance, one of the petitions was considered for six months instead of 30 days as specified by the law.
Leningrad OFAS Russia established that such actions of the monopolist imposed disadvantageous contract conditions and violated the interests of the petitioner. The antimonopoly body found that “Lenenergo” OJSC violated Part 1 Article 10 of the Federal Law “On Protection of Competition” (abusing market dominance). OFAS issued a determination to the company to stop violating the antimonopoly law.
“Lenenergo” OJSC disagreed with the decision of Leningrad OFAS Russia and filed a lawsuit to the Arbitration Court of St Petersburg and the Leningrad Region. The Court, however, confirmed legitimacy of the decision made by the antimonopoly body.
When “Lenenergo” OJSC appealed to the 13th Arbitration Appeal Court, the judgment of the Court of First Instance was upheld, which confirmed legitimacy of the decision and determination of Leningrad OFAS Russia.
“Compliance with the antimonopoly law is the most important element of enforceability of technological connection of receiving devices to electric power networks”, commented the Head of Leningrad OFAS Russia, Vadim Vladimirov.
Комментарии