Court: Fine Imposed upon MRSK Urals Is Legitimate
OREANDA-NEWS. May 05, 2014. The Federal Arbitration Court of the Moscow District pronounced legitimacy of a determination issued by the Federal Antimonopoly Service (FAS Russia) to hold “MRSK Urals” OJSC administratively liable for abusing market dominance (a violation of Article 14.31 of the Code of the Russian Federation on Administrative Violations).
In 2011, the Antimonopoly Service received a petition from “Roscommunenergo” OJSC that “MRSK Urals” OJSC had violated the antimonopoly law by imposing an additional volume of committed capacity 2012.
The FAS Commission established that the petitioner and the grid company had concluded a contract for electric power transmission. “MRSK Urals” OJSC insisted on prolonging the contract under the conditions of exceeding the capacity committed by “Roscommunenergo” OJSC. Such actions towards imposing additional volumes of service infringe the petitioner’s interest by imposing economically and technologically unjustified obligations.
Legitimacy of FAS decision was confirmed by he judicial acts coming into force. Based on this decision, the Antimonopoly Service held “MRSK Urals” OJSC administratively liable and fined the company 17.9 million RUB.
“MRSK Urals” OJSC disagreed with FAS determination and filed a lawsuit. The Federal Arbitration Court of the Moscow District, however, dismissed the claim and supported the rulings of the Courts of First Instance and the Appeal Court.
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