OREANDA-NEWS. July 14, 2014. The Federal Arbitration Court of the Moscow District pronounced legitimacy of the decision of the Federal Antimonopoly Service (FAS Russia) with regard to Moscow Regional Economic Commission.

The Antimonopoly Service received a complaint from “Tekhpromexpert” Ltd. about actions (omissions) of Moscow Regional Economic Commission that avoided (refused) opening a tariff case on setting the tariff on electric power transmission services in 2012.

Considering possibility of opening the tariff case, the Energy Commission indicated that to set the tariff for electric power transmission services it was necessary to submit a contract with “Mosenergosbyt” OJSC. The latter informed “Tekhpromexpert” Ltd. on its readiness to conclude a contract for electric power transmission services but only upon setting the tariff for “Tekhpromexpert” Ltd. Thus, Moscow Regional Economic Commission requested the applicant to submit documents, which could not possibly be presented at the time of applying for tariff setting.

Avoiding the tariff case, Moscow Regional Economic Commission violated Part 1 Article 15 of the Federal Law “On Protection of Competition”.

The tariff body disagreed with the FAS decision and filed a lawsuit. The Federal Arbitration Court of the Moscow District, however, dismissed the claim, supporting the rulings of the Court of First Instance and the Appeal Court.

“The case against Moscow Regional Economic Commission makes a precedent. FAS decisions with regard to the tariff bodies are designed to enforce the law, and