OREANDA-NEWS. May 23, 2013. The Supreme Arbitration Court of the Russian Federation confirmed legitimacy of the conclusions made by the Federal Antimonopoly Service (FAS Russia) that “Marienergosbyt” OJSC violated the antimonopoly law and refused to transfer the case for consideration of the Presidium of the Supreme Arbitration Court.

On 8th December 2010, FAS found that “Marienergosbyt” OJSC abused its dominance (Part 1 Article 10 of the Federal Law “On Protection of Competition”). The company manipulated prices on retail market of electric power calculating the maximum levels of free (non-regulated) prices for electric power (capacity) in calculations with consumers in 2010. In contradicts the pricing procedures established by normative legal acts. Such actions resulted in increasing power prices for end-consumers. FAS issued a determination to “Marienergosbyt” OJSC to stop the antimonopoly violation.

“Marienergosbyt” OJSC disagreed with the decision and filed a lawsuit. Two Court instances supported the monopolist but on 31st January 2012 the Federal Arbitration Court of the Moscow District upheld the decision and determination issued by FAS Russia and reversed the rulings of Moscow Arbitration Court and the 9th Arbitration Appeal Court invalidating the action of the antimonopoly body regarding “Marienergosbyt” OJSC.

On 31st January 2013, the Federal Arbitration Court refused to reconsider the ruling of the Cassation Court upon newly discovered evidence. “Marienergosbyt” OJSC. The Federal Tariff Service disagreed with the decision and filed a cassation appeal, which was dismissed.