OREANDA-NEWS. January 24, 2013. The Federal Arbitration Court of the Moscow District supported the Federal Antimonopoly Service (FAS Russia), reversing the rulings of the Court of First Instance and the Appeal Court, which had reduced the fine imposed upon “Federal Grid Company of Unified Energy System” OJSC (“FSK UES” OJSC) from 249 million to 100,000 Rubles. The Court remanded No. А40-56745/2011 case for reconsideration.

On 28th April 2011, FAS fined “FSK UES” OJSC на 249,677,619 Rubles under Article 14.31 of the Code of the Russian Federation on Administrative Violations.

On 1st December 2010, FAS recognized the fact of “FSK UES” OJSC violating the antimonopoly law (Part 1 Article 10 the Federal Law “On Protection of Competition”).

The case was initiated upon a petition of “Gazprom Energo” Ltd. that complained to FAS about actions of “FSK UES” OJSC. In particular, the company avoided concluding a contract with “Gazprom Energo” Ltd. on the procedures of using facilities of the Unified National Grid that “Gazprom Energo” Ltd. lawfully possesses.

Under Articles 7, 8, 47 of the Federal Law “On Electric Power Industry”, owners or other lawful possessors of power supply network facilities that are part of the facilities of the Unified National Grid, must transfer these facilities to “FSK UES” OJSC to manage.

Part 1 Article 10 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 interest of other persons.

Under Part 2 Article 7 of the Federal Law “On Electric Power Industry”, to ensure security of the Russian Federation, protect the rights and legitimate interests of legal and physical persons, ensure the unity of economic space in the field of electric power circulation, the owners or other lawful possessors of power supply network facilities that are part of the unified national (All-Russian) grid, are restricted in their rights:

The right to conclude contracts for rendering the services of transiting electric power using power supply network facilities of the unified national (All-Russian) grid, and determining the contract conditions;

Using (decommissioning) these facilities without approval of the organization managing the unified (national) grid.

Under Part 3 Article 8 of the Federal Law “On Electric Power Industry”, the organization managing the unified national (All-Russian) grid shall conclude contracts with other owners or other lawful possessors of power supply network facilities which are part of the unified national (All-Russian) grid, that determine the procedures for using these facilities.