OREANDA-NEWS. January 24, 2013. The 1st Arbitration Appeal Court upheld the decision of the Office of the Federal Antimonopoly Service in the Nizhny Novgorod Region Nizhny Novgorod OFAS Russia) on the case against “Nizhnovteploenergo” Ltd.

In July 2011, the Commission of Nizhny Novgorod OFAS Russia found that “Nizhnovteploenergo” Ltd. abused its dominant market position (Part 1 Article 10 of the Federal Law “On Protection of Competition”). The case was initiated upon a petition of “Housing Managing Company” CJSC that “Nizhnovteploenergo” Ltd. had been imposing disadvantageous contact conditions for supplying utility resources.

The Commission of Nizhny Novgorod OFAS Russia issued a determination to “Nizhnovteploenergo” Ltd. to prevent actions that could have resulted in violating the antimonopoly law. Concluding or changing power supply contracts, the company must not impose disadvantageous contract conditions upon consumers or conditions irrelevant to the contract subject.

OFAS also fined “Nizhnovteploenergo” Ltd. 100,000 Rubles.

The company, however, disagreed with the decision of Nizhny Novgorod OFAS Russia and filed a lawsuit. Nizhny Novgorod Regional Arbitration Court and the 1st Arbitration Appeal Court dismissed the claim of “Nizhnovteploenergo” Ltd.