The Office of FAS in the Chelyabinsk region lawfully fined «Chelyabenergosbyt» OJSC 500,000 Rubles for abusing market dominance

Января 29, 2010

This decision was made by the 18th Arbitration Appeal Court, which confirmed validity of the determination issued by the Office of the Federal Antimonopoly Service (OFAS Russia).

Earlier, the Commission of the Chelyabinsk OFAS Russia found that «Chelyabenergosbyt» OJSC violated Clauses 5 and 9 Part 1 Article 10 of the Federal Law «On Protection of Competition».
The company violated the law by unreasonably evading a contract for buying-and-selling electric power with «Teploenergosbyt» Ltd.
«Teploenergosbyt» Ltd. applied «Chelyabenergosbyt» OJSC as their provider of last resort to enter into a contract for buying-and-selling electric with regard to delivery points within the area of operation of «Chelyabenergosbyt» OJSC but the application was rejected.
The Chelyabinsk OFAS Russia requested «Chelyabenergosbyt» OJSC to enter into a contract with «Teploenergosbyt» Ltd. or send the Protocol of Disagreements.
«Chelyabenergosbyt» OJSC disagreed with the decision and determination issued by the antimonopoly body and filed a lawsuit. The Courts of three instances confirmed validity of the conclusions made by OFAS Russia.
«The lodged appeal justly supported the determination of the antimonopoly body for imposing a fine upon «Chelyabenergosbyt» OJSC that unreasonably refused to conclude an energy supply contract because such violations already become of hard-core nature on this market», said Anna Kozlova, the Head of the Chelyabinsk OFAS Russia.