Court: Gazprom Mezhregiongaz Pyatigorsk Violates Antimonopoly Law
OREANDA-NEWS. July 04, 2014. Dagestan Arbitration Court supported the position of FAS Office in the Republic of Dagestan (Dagestan OFAS Russia) and confirmed legitimacy of OFAS decision recognizing that “Gazprom Mezhregiongaz Pyatigorsk” Ltd. violated the antimonopoly law.
In July 2013, “Dagestanenergo” Ltd. complained to the antimonopoly body that “Gazprom Mezhregiongaz Pyatigorsk” Ltd. unreasonably terminated gas supplies. Dagestan OFAS Russia initiated an antimonopoly case against the gas company.
Having investigated the case on violating the antimonopoly law by “Gazprom Mezhregiongaz Pyatigorsk” Ltd., OFAS Commission concluded that by terminating gas supplies, the gas company created a threat for “Dagestanenergo” Ltd. honouring its obligations to the bona fide customers who make full, timely payments for the consumed gas. Such actions violated Part 1 Article 10 of the Federal Law “On Protection of Competition”.
The gas company disagreed with the OFAS decision and challenged it at Court. Dagestan Arbitration Court, however, dismissed the claim, confirming legitimacy of the actions undertaken by the antimonopoly body.
Part 1 Article 10 of No.135 Federal Law “On Protection of Competition” prohibits actions (omissions) of economic entities with the dominant position that lead or can lead to preventing, restricting, eliminating competition or infringing the interests of other persons.
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