OREANDA-NEWS. On November 25, 2008 FAS Russia processed a case against "Saratovenergo" OJSC and recognized that the company had violated Part Article 10 of the Federal Law "On protection of Competition". "Saratovenergo" OJSC breached the law by abusing dominant position: the company unreasonably evaded signing the contract on information exchange (signing the list of measurement devices for electric power accounting) with "Mezhregionenergosbyt" OJSC, reported the press-centre of FAS Russia.

Investigating the case, FAS Russia established that in July - December 2007 "Saratovenergo" OJSC evaded signing the list of measurement devices for electric power accounting with "Mezhregionenergosbyt " OJSC, which created obstacles to "Mezhregionenergosbyt " OJSC for entering the wholesale market of electric power.

Under Clause 8 of the Regulations on Non-Discriminatory Access to the Services of the Market Administrator, approved by No.861 Decree of the Government of the Russian Federation, the entities, adjacent to the petitioner on the wholesale market, must within 30 days after receiving the above documents agree upon the documents that confirm accounting of the electric power generated on the wholesale market. FAS Russia issued a determination to eliminate the violations.

On 20th November 2008, FAS Russia, governed by Article 14.31 of the Code of the Russian Federation on Administrative Violations, imposed administrative charges upon "Saratovenergo" OJSC and determined the amount of an administrative fine. Under Article 14.31, abusing dominant position is punishable by administrative fines upon legal entities in the amount of 1- 15% of the net sales by the violator in the preceding year on the market where the violation occurred.

Calculating the fine imposed upon "Saratovenergo" OJSC, the FAS Russia's Commission took into account that the company had fulfilled the determination, issued earlier by the antimonopoly authority, before the administrative case was finalized. Thus, the FAS Russia's Commission based its decision on the lower level of the sanctions specified in Article 14.31 of the Code of the Russian Federation on Administrative Violations. The fine for "Saratovenergo" OJSC was determined 1% of the net sales of electric power by the company in the Saratov region.