OREANDA-NEWS. May 05, 2014. The Federal Arbitration Court of the Moscow District supported the rulings of the Court of First Instance and Appeal Court that had pronounced legitimacy of the decision and determination of the Federal Antimonopoly Service (FAS Russia) with regard to “MOESK” OJSC.

The Antimonopoly Service carried out an unscheduled on-site inspection of the company that exposed various violations with regard to concluding and executing contracts for technological connection of non-stationary retail facilities with the authorities of administrative districts in Moscow (Clause 1 Article 10 of the Federal Law “On Protection of Competition”).

In June 2011 - November 2012, district authorities concluded contracts with “MOESK” OJSC for technological connection of non-stationary retail facilities to electric power networks. For each non-stationary retail facility, the authorities sent separate applications to “MOESK” OJSC for technological connections of such facilities. “MOESK” OJSC registered each application under a separate registration number.

“MOESK” OJSC combined several applications filed by Moscow district authorities for technological connection of power-receiving devices with capacity up to 15 kW into a subject of a single contract for technological connection in order to consolidate and increase the maximum capacity of connected power-receiving devices - over 15 kW. As a result, the tariff rate for calculating the costs of connecting to the electric networks of “MOESK” OJSC per1 kW was set at 16,648.80 RUB/kW instead of the statutory 550 RUB.

The Antimonopoly Service issued a determination to transfer 232 million RUB, gained as a result of the violation, to the federal budget.

“MOESK” OJSC disagreed with the FAS decision and filed a lawsuit. The Federal Arbitration Court of the Moscow District, however, confirmed legitimacy of the FAS decision and upheld the rulings of the lower Courts.