Krasnodar Vodokanal Lost Cassation Appeal to Krasnodar OFAS
OREANDA-NEWS. April 03, 2013. The Federal Arbitration Court of the North –Caucasus District confirmed legitimacy and reasonableness of the decision of the Commission of the Office of the Federal Antimonopoly Service in the Krasnodar Region (Krasnodar OFAS Russia) on an antimonopoly case against “Krasnodar Vodokanal” Ltd.
On 15th June 2011, the Commission of Krasnodar OFAS Russia found that “Krasnodar Vodokanal” Ltd. abused its market dominance (in breach of Part 1 Article 10 of the Federal Law “On Protection of Competition”) by infringing the interests of “Dom” Production Company” when issuing technical conditions for connecting to the pluming-and-sewing system owned by “Dom” without agreeing with the company and in the absence of positions in the technical conditions under which “Krasnodar Vodokanal” Ltd. must reach arrangements with the owner of technologically connected engineering networks.
“Krasnodar Vodokanal” Ltd. disagreed with the decision and determination of the Commission of Krasnodar OFAS Russia and approached Krasnodar Regional Arbitration Court and then the 15th Arbitration Appeal Court and the Federal Arbitration Court of the North –Caucasus District. The Courts of three instances dismissed the claim of “Krasnodar Vodokanal” Ltd. and confirmed legitimacy and reasonableness of the actions of Krasnodar OFAS Russia investigating the antimonopoly case against “Krasnodar Vodokanal” Ltd.
“The Courts of three instances confirmed legitimacy of the decision and determination issued by OFAS Commission to suppress actions of the water-supplying organization – issuing technical conditions for connecting to water-supply and water-disposal networks without agreeing with the owners of the network, connection to which is planned”, the Head of Krasnodar OFAS Russia Rufina Degtyaryova commented the Court ruling.
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