OREANDA-NEWS. December 04, 2008. The 9th Arbitration Appeal Court dismissed the appeal of "Kubanskaya Energy Retail Supplier" OJSC ("Kubnaenergisbyt" OJSC) against the ruling of the Court of First Instance regarding the decision of the antimonopoly authority, reported the press-centre of FAS Russia.

On 19th May 2008, FAS Russia recognized that "Kubnaenergisbyt" OJSC violated Part 1 Article 10 of the Federal Law "On Protection of Competition" (abusing dominant position).

The case was initiated upon the complaint of "Independent Energy Retail Supplier of the Krasnodar Region" OJSC ("NESC" OJSC) against the actions of "Kubnaenergisbyt" OJSC on abusing dominant position on the market of buying-selling (supplying) electric power and preventing the entry "NESC" OJSC to the wholesale energy market for its retail consumer - "Novorosmetall" Ltd.

To enter the wholesale market for its retail consumer "Novorosmetall" Ltd., "NESC" OJSC sent to "Kubnaenergisbyt" OJSC a signed List of Measurement Devices (PSI) for energy accounting at the "Novorosmetall" outlets of energy supply.

The document (PSI) is required to obtain access to the services of the market administrator. Under Clause 8 of the Regulations on non-discriminatory access to the services of the wholesale market administrator and offering these services, the adjacent to the petitioner entity of the wholesale market must agree upon PSI within 30 days after the documents were received. However, "Kubnaenergisbyt" OJSC delayed the PSI and evaded agreeing upon PSI within the statutory period.

As a result, "Kubnaenergisbyt" OJSC prevented entry of "NESC" OJSC to the wholesale energy market regarding its retail customer "Novorosmetall" Ltd. and infringed the interests of "NESC" OJSC.

Having investigated the case, FAS Russia found that the actions of "Kubnaenergisbyt" OJSC had violated the antimonopoly legislation.

"Kubnaenergisbyt" OJSC disagreed with the decision of the antimonopoly authority and appealed.

On 3rd September 2008, the Moscow Arbitration Court dismissed the claim of "Kubnaenergisbyt" OJSC in full.

The 9th Arbitration Appeal Court sustained the ruling of the Court of First instance and dismissed the appeal of "Kubnaenergisbyt" OJSC, confirming validity of the FAS Russia's decision.