Moscow Regional Energy Commission Restricted Competition
OREANDA-NEWS. July 25, 2013. The Federal Antimonopoly Service (FAS Russia) found that Moscow Regional Energy Commission violated Clause 2 Part 1 Article 15 of the Federal Law “On Protection of Competition”. The Commission exercised actions (omissions) unreasonably preventing activities of “Texhpromexpert” Ltd.
In April 2012 “Texhpromexpert” Ltd., that earlier had not operated on the market for electric power transmission, filed an application for setting 2012 tariffs and submitted the necessary documentation to Moscow Regional Energy Commission.
However, Moscow Regional Energy Commission refused to set 2012 tariffs for “Texhpromexpert” Ltd. and requested several documents that “Texhpromexpert” Ltd. could not submit and was not obligated to submit.
FAS recognized that actions (omissions) of Moscow Regional Energy Commission – that unreasonably refused to set the tariff for electric power transmission – violated the antimonopoly law that prohibits a government body to exercise actions that can lead to restricting, preventing or eliminating competition.
“Moscow Regional Energy Commission requested the applicant to show contracts concluded with a network organization or a sales company as a proof of future electric power transmissions. Such contracts, however, cannot be concluded in the absence of the tariff for transmission services that the Commission was supposed to set for the applicant. It was a vicious circle, and the solution was given by the decision of the antimonopoly body”, explained the Head of FAS Department for Control over Electric Power Industry Vitaly Korolyov.
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