Yakutia OFAS Proved Legitimacy of Fine Imposed by Yakutskenergo
OREANDA-NEWS. April 07, 2014. The Federal Arbitration Court of East-Siberian District pronounced legitimacy of the rulings of the Courts of Lower instances on the claim of “Yakutskenergo” OJSC to abolish the fine (over 9.9 million RUB) imposed by the Office of the Federal Antimonopoly Service (Yakutia OFAS).
In 2011, “Zeleny Lug” Homeowners Association and “Yakutskenergo” OJSC concluded a power supply contract. “Yakutskenergo” OJSC billed “Zeleny Lug” for the losses in the networks on the basis of electric power consumption records and invoices for five months.
“Zeleny Lug” Homeowners Association filed a petition to Yakutia OFAS that the company unlawfully included the losses emerging not in consumer networks, and payments for electric power consumption in June 2011 at the maximum dependable capacity in view of the work of electric heating device.
“We concluded that “Yakutskenergo” obligated “Zeleny Lug” Homeowners Association to pay for the losses in the network at the section not owned by “Zeleny Lug”, which breaches the Rules for non-discriminatory access to the services of electric power transmission and the antimonopoly law. As a result the interests of electric power consumers were infringed”, explained Deputy Head of Yakutia OFAS, the Head of OFAS Department for Natural Monopolies and Advertising, Alexei Kuzmin.
Yakutia OFAS found that “Yakutskenergo” OJSC abused its dominance (a violation of Part 1 Article 10 of the Federal Law “On Protection of Competition”) and fined the company over 9.9 million RUB.
The monopolist, however, disagreed with the fine and filed a lawsuit to abolish it. The Courts of three instances dismissed the claim of “Yakutskenergo” OJSC.
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