OREANDA-NEWS. February 07, 2013. The Federal Arbitration Court of the Moscow District once again confirmed legitimacy of the conclusions made by the Federal Antimonopoly Service (FAS Russia) that “Marienergosbyt” OJSC violated the antimonopoly law, reported the press-centre of FAS Russia.

The Federal Arbitration Court of Russia issued a Definition on refusal to reconsider the Ruling of the Cassation Court upon discovery of new facts: the legal view of the Presidium of the Supreme Arbitration Court on another case. “Marienergosbyt” OJSC and the Federal Tariff Service disagreed with the definition and approached the Cassation Court. The cassation appeal, however, was dismissed.

On 31st January 2012, the Federal Arbitration Court of the Moscow District upheld the decision and determination of FAS Russia regarding “Marienergosbyt” OJSC, and revoked judicial acts of Moscow Arbitration Court and the 9th Arbitration Appeal Court that FAS decision and determination had been unlawful.

On 8th December 2010, FAS found that “Marienergosbyt” OJSC violated the antimonopoly law (Part 1 Article 10 of the Federal Law “On Protection of Competition”). The company manipulated prices on the retail market of electric power calculating the maximum levels of free (non-regulated) prices for electric power (capacity) for consumers in 2010, which was in breach of the pricing procedures established by normative legal acts.

Such actions resulted in increased electric power prices for the end-consumers.

“Marienergosbyt” OJSC was instructed to stop violating the antimonopoly law.

“FAS welcomes consistent and unified adoption of the standards of the antimonopoly law and the law on the electric power industry by the Cassation Court. The establishing judicial practice enables FAS Russia to efficiently exercise its function for protecting competition and the rights of consumers of the services rendered by the companies dominating the market”, pointed out the Head of FAS Department for Control over Electric Power Industry, Vitaly Korolyov.