Appeal Court: Antimonopoly Service Lawfully Fined MRSK Urals
OREANDA-NEWS. February 12, 2014. The 9th Arbitration Appeal Court pronounced legitimacy of the determination issued by the Federal Antimonopoly Service (FAS Russia) to hold “MRSK Urals” OJSC administratively liable for abusing dominant position (in violation of Article 14.31 of the Code of the Russian Federation on Administrative Violation).
In 2011, the Antimonopoly Service received a petition from “Roskommunenergo” OJSC that “MRSK Urals” OJSC had violated the antimonopoly law by imposing additional volume of the committed capacity for 2012.
The FAS Commission established that the petitioner and the network organization concluded a contract for eclectic power transmission. “MRSK Urals” OJSC insisted on prolonging the contract under the conditions the exceeded the committed capacity by “Roskommunenergo” OJSC. Such actions towards forcing additional volumes of services infringe consumer interests by imposing economically and technologically unreasonable obligations.
The legitimacy of the FAS decision was confirmed by judicial acts that came into force. На основании этого решения the Antimonopoly Service held “MRSK Urals” OJSC administratively liable and fined the company 17.9 million RUB.
“MRSK Urals” OJSC disagreed with the FAS determination and filed a lawsuit; however, the 9th Arbitration Appeal Court, dismissed the claim supporting the judgment of the Court of First Instance.
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