OREANDA-NEWS. August 08, 2014. The 9th Arbitration Appeal Court supported a judgment of the Court of First Instance and determinations of the Federal Antimonopoly Service (FAS Russia) with regard to St Petersburg Tariff Committee (the Committee).

The Antimonopoly Service received a petition from “RosEnergoSet” Ltd. that the Committee had violated the antimonopoly law. It avoided setting the tariff for electric power transmission services (in breach of Part 1 Article 15 of the Federal Law “On Protection of Competition”).

The FAS Commission established that at the end of 2011 “RosEnergoSet” Ltd. had submitted documents and accompanying materials to the Committee for setting the tariff for electric power transmission services in 2012. The period for the Committee to set a tariff for “RosEnergoSet” Ltd. cannot exceed 60 days from the date of presenting the petition and justifying materials. The tariff body, however, did not establish the tariff for “RosEnergoSet” Ltd. within this period.

Such actions resulted in restricting competition, particularly, unreasonably prevented operations of an economic entity by fixing requirements not provided for by the legislation of the Russian Federation: due to absence of a set tariff for electric power transmission services “RosEnergoSet” Ltd. was unable to operate on the market of electric power transmission services.

The Antimonopoly Service issued a determination to St Petersburg Tariff Committee to eliminate the violation of the antimonopoly law.

The Committee disagreed with FAS decision and determination and filed a lawsuit. The Courts of First Instance and Appeal Court, however, dismissed the claim.