OREANDA-NEWS.  May 06, 2013. Arbitration Cassation Court pronounced legitimacy of the decision made by the Office of the Federal Antimonopoly Service in the Kostroma region (Kostroma OFAS Russia) regarding “No.2 Regional Generating Company” OJCS (“No. 2 TGK” OJSC).

Kostroma OFAS Russia received a petition of “Air-Heater Plant” OJSC. According to the petitioner, heating energy must be supplied to “No. 2 TGK” OJSC in accordance with the contract. The energy company also must maintain the water temperature according to the temperature chart, under the condition of full, timely payment for heating energy.

In its turn, “No. 2 TGK” OJSC insisted that there was no need to include the chart in the contract. Thus, the company abused its dominant position, imposing disadvantageous heating supply contract conditions upon “Air-Heater Plant” OJSC.

The Commission of Kostroma OFAS Russia found that “No.2 Regional Generating Company” OJCS violated Article 10 of the Federal Law “On Protection of Competition”. The company disagreed with the decision of the antimonopoly body and filed a lawsuit; however, Arbitration Cassation Court dismissed the claim of the monopolist.

“No. 2 TGK” OJSC executed the decision and determination of Kostroma OFAS Russia by signing a contract with “Air-Heater Plant” OJSC under the Law “On Heating Supply””, commented OFAS Russia.