OREANDA-NEWS. October 05, 2009. The Federal Arbitration Court of the Moscow District allowed the cassation appeal of the Federal Antimonopoly Service (FAS Russia) and the third party "Mosenergo" OJSC, revoked the ruling of the Court of Appeal Instance and sustained the judgment of the Court of the First Instance. The Antimonopoly Service found that that the company violated the Federal Law "On Protection of Competition" by engaging in concerted actions with "Moskovskaya Obyedinennaya Energeticheskaya Kompania [Moscow Integrated Energy Supplier]" OJSC (MOEK OJSC), reported the press-centre of FAS Russia.

Earlier "MOEK" OJSC withdrew a claim on invalidating the FAS Russia's decision and determination. Thus, legitimacy of the conclusions made by the antimonopoly authority is confirmed by the courts of several instances and was admitted by one of the participants of the concerted actions.

On 25th August 2008, FAS Russia found that "МТK" OJSC and "MOEK" OJSC violated Part 1 Article 11 of the Federal Law "On Protection of Competition" (which prohibits concerted actions). FAS Russia also found that "МТK" OJSC violated Part 1 Article 10 and Part 1 Article 14 of the Federal Law.

The case was initiated upon a petition of "Mosenergo" OJSC.

"МТK" OJSC violated the Law by unreasonably refusing to sign a contract with "Mosenergo" OJSC for supplying heat energy in the amount necessary for "MOEK" OJSC ", which also breached Part 1 Article 10 of the Federal Law "On Protection of Competition".

Also "МТK" OJSC disseminated false and incorrect information, that could inflict damages upon an economic entity, by informing the consumers of "Mosenergo" OJSC that to enter into power supply contracts it was mandatory to have a power receiver connected to the network of the energy supplier.

FAS Russia issued mandatory determinations to "МТK" OJSC and "MOEK" OJSC requesting to restore competitive conditions.