Courts Confirmed FAS Decision Regarding Gazprom
OREANDA-NEWS. March 12, 2013. The Federal Arbitration Court of the Moscow District confirmed legitimacy of the decision and determination issued by the Federal Antimonopoly Service (FAS Russia) regarding “Gazprom” OJSC on a case on unreasonable refusal to access to the gas-transportation system.
“Gazprom” OJSC unreasonably refused access of “Real-Gaz” Ltd. to its gas-transportation system. The gas monopolist did not grant the company’s application for access to its gas-transportation system and refused to conclude a gas-transportation contract. By such unlawful actions, “Gazprom” OJSC effectively pushed “Real-Gaz” Ltd. from the gas market forcing the customer to purchase gas from its own subsidiary.
Earlier, on 7th November 2012, the 9th Arbitration Appeal Court upheld the judgment of Moscow Arbitration Court that “Gazprom” OJSC violated Part 1 Article 10 of the Federal Law “On Protection of Competition”.
“As a result of the Court ruling, “Gazprom” OJSC must ensure access of “Real-Gaz” Ltd. to its gas-transportation system, and, executing the determination, to transfer over 6 million Rubles to the Treasury as a fine. Such judicial practice will enable independent gas suppliers to successfully defend their rights”, pointed out the Head of FAS Department for Control over Fuel-and-Energy Complex, Dmitry Makhonin.
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