The Arbitration Court allowed the FAS Russia’s claim against “Mezhregiongaz”

In October 2009, the Commission of Moscow OFAS found that “Gazprom Mezhregiongaz Moscow” Ltd. violated Part 1 Article 10 of the Federal Law “On Protection of Competition”.
The company abused its dominance on the market of distribution of natural gas in the Moscow region within the boundaries of the connected gas network.
“Gazprom Mezhregiongaz Moscow” Ltd. infringed the interests of “Prime Print Moscow” CJSC by imposing disadvantageous conditions of gas supply contract in the part of fixing penalty coefficients 1.5 and 3.0 of the cost of gas taken over the monthly volume under the long-term gas supply contracts.
Such company’s actions were also classified as violating the established pricing procedures. “Gazprom Mezhregiongaz Moscow” Ltd. was issued a determination to adjust the contract conditions. The company disagreed with the decision and determination of Moscow OFAS and filed a lawsuit. The Court of First Instance took the side of the claimant.
Moscow OFAS appealed the judgment of the Arbitration Court, which later was reversed.
However, “Gazprom Mezhregiongaz Moscow” Ltd. filed a cassation appeal on the ruling of the 9th Arbitration Appeal Court. The Federal Arbitration Court of the Moscow District confirmed that “Gazprom Mezhregiongaz Moscow” Ltd. had committed antimonopoly violations and upheld the ruling of the Court of Second Instance.