OREANDA-NEWS. March 15, 2013. The Commission of the Office of the Federal Antimonopoly Service in the Leningrad region (Leningrad OFAS Russia) found that “Lenoblgaz” OJSC violated Clause 5 Part 1 Article 10 of the Federal Law “On Protection of Competition”.

In November 2012, due to signs of a violation of the antimonopoly law, Leningrad OFAS Russia issued a warning to “Lenoblgaz” OJSC to stop omissions and send technical conditions to “Karelsky Klyuch” Dacha Non-Commercial Partnership. The gas-distributing organization failed to execute the requirements of the antimonopoly body. At the beginning of 2013 Leningrad OFAS Russia initiated a case against “Lenoblgaz” OJSC.

In October 2012, “Karelsky Klyuch” complained to Leningrad OFAS Russia about unlawful actions of “Lenoblgaz” OJSC that had failed to issue technical conditions for connection to a gas-distribution network.

The Commission of Leningrad OFAS Russia established that in 2011 “Karelsky Klyuch” applied for to “Lenoblgaz” OJSC for issuing technical conditions. The gas-distributing company refused to issue technical conditions to the claimant referring to absence of technical possibilities. At the same time, in 2010 “Lenoblgaz” OJSC issued a decision to “Karelsky Klyuch” indicating technical possibility of supplying gas to the Dacha Non-Commercial Partnership from Novo-Toksovo-Khittolovo-Oselki gas distribution pipeline.

“An important circumstance was that Rostechnadzor [the Federal Service for Environmental, Technological and Nuclear Regulation] confirmed technical possibilities for providing connection. Thus, the authorized body proved that the company unreasonably avoided providing technical connection”, emphasized Deputy Head of Leningrad OFAS Russia, Gleb Konnov.

Reference:

Clause 5 Part 1 Article 10 of 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 interests of other persons, including <…> economically or technologically unjustified refusals or avoiding contracts with certain buyers (customers) if there is a possibility of production or supply of the relevant goods, and if such refusals or such avoiding are not directly specified by the federal laws, normative legal acts of the President of the Russian Federation, normative legal acts of the Government of the Russian Federation, normative legal acts of the authorized federal executive bodies or judicial acts.