OREANDA-NEWS. May 05, 2014. The 9th Arbitration Appeal Court pronounced legitimacy the decision of the Federal Antimonopoly Service (FAS Russia) with regard to Moscow Regional Energy Commission.

The Antimonopoly Service received a complaint from “Tekhpromexpert” Ltd. that Moscow Regional Energy Commission avoided (refused) to open a tariff case in order to set tariffs for rendering electric power transmission services in 2012.

Moscow Regional Energy Commission requested documents from the petitioner that the latter had not possibility to present. The Energy Commission informed the petitioner that in order to set the tariff for electric power transmission it was necessary to present a contract concluded with “Mosenergosbyt” OJSC. At the same time, “Mosenergosbyt” OJSC informed “Tekhpromexpert” Ltd. that it would be prepared to conclude a contract for electric power transmission after the tariff for “Tekhpromexpert” Ltd. would be set.

Such actions of Moscow Regional Energy Commission - avoiding a tariff case - violated Part 1 Article 15 of the Federal Law “On Protection of Competition”.

The tariff regulator disagreed with the FAS decision and filed a lawsuit. The 9th Arbitration Appeal Court, however, dismissed the claim and supported the judgment of the Court of First Instance.