OREANDA-NEWS. September 05, 2013. On 20th August 2013, Moscow Arbitration Court dismissed the claim of “Lenenergo” OJSC to invalidate a warning issued by the Federal Antimonopoly Service (FAS Russia).

The Antimonopoly Service received a complaint from “Kirov Works Power Supplying Company” CJSC that “Lenenergo” OJSC incorrectly determined the rates for calculating the payment for electric power transmission services for a consumer – “Energia” Industrial Complex” OJSC.

In 2012 “Kirov Works Power Supplying Company” CJSC в 2012 took up for servicing “Energia” Industrial Complex” OJSC. To exercise the right of “Energia” Industrial Complex” OJSC for choosing an option of the rates for electric power transmission, the power supply company informed “Lenenergo” OJSC on calculating the payments for electric power using a one-part rate. However, “Lenenergo” OJSC disagreed with this decision and applied a double-rate tariff to calculate the payment for electric power transmission services.

Thus, FAS identified signs of violating Clause 3 Part 1 Article 10 the Federal Law “On Protection of Competition” (imposing disadvantageous conditions upon a counteragent or conditions irrelevant to the contract subject) in the actions of “Lenenergo” OJSC for imposing the double-rate tariff to calculate payments for electric power transmission services in delivery points of “Energia” Industrial Complex” OJSC.

To suppress actions of “Lenenergo” OJSC, FAS issued a warning to stop the actions that had signs of violating the antimonopoly law.

“Lenenergo” OJSC disagreed with the conclusions of the Antimonopoly Service regarding the signs of the violation and filed a lawsuit. Moscow Arbitration Court confirmed legitimacy of the actions undertaken by FAS.

“Since 2011 FAS has been actively implementing the institution of warning as a measure designed to promptly suppress actions of a dominant market participant, in this case – a holder of natural monopoly, which have signs of violating the antimonopoly law. If a warning is executed voluntarily and the signs of the antimonopoly violations are eliminated, the person to whom it is issued shall be relieved from any further liability. However, in this case, “Lenenergo” OJSC did not take advantage of its right to execute the warning voluntarily and approached a Court of Law, which confirmed legitimacy of FAS actions. Currently FAS is in the process of initiating a case against the company on violating the antimonopoly law”, commented the Head of FAS Department for Control over Electric Power Industry Vitaly Korolyov.