OREANDA-NEWS. June 06, 2014. Moscow Arbitration Court pronounced legitimacy of the decision and determination issued by the Federal Antimonopoly Service (FAS Russia) with regard to “MRSK North-West” OJSC. The company was imposing disadvantageous conditions of a contract for electric power transmission services (Clause 3 Part 1 Article 10 of the Federal Law “On Protection of Competition”).

The Antimonopoly Service received a petition from “Mezhregionenergosbyt” OJSC that “MRSK North-West” OJSC had avoided coordinating the committed capacity for 2012.

The FAS Commission established that as a result of the network organization refusing to apply 2012 committed capacity values for payments and applying the maximum committed capacity agreed for 2011, “Mezhregionenergosbyt” OJSC could have incurred losses for over 31 million RUB. Thus, “MRSK North-West” OJSC imposed disadvantageous contract conditions by insisting on concluding the contract, under the conditions that capacity value exceeded the capacity committed by “Mezhregionenergosbyt” OJSC.

At the same time, “Mezhregionenergosbyt” OJSC was obligated to pay for capacity in accordance with the values read by the Regional Energy Commission of the Vologda region regulating the tariffs for 2012, which could have infringed the rights and legitimate interests of “Mezhregionenergosbyt” OJSC.

The Antimonopoly Service found that “MRSK North-West” OJSC violated the antimonopoly law. “MRSK North-West” OJSC disagreed and filed a lawsuit; Moscow Arbitration Court, however, dismissed the claim.