OREANDA-NEWS. March 15, 2011. Moscow Arbitration Court upheld the decision and determination of the Federal Antimonopoly Service (FAS Russia) that “FGC UES” OJSC violated Clause 3 Part 1 Article 10 of the Federal Law “On Protection of Competition” by imposing contract conditions upon “Tyumenenergo” OJSC regarding “Kechimovskaya” sub-station. The contract was made in the interests of “LUKOIL-ENERGOSETI” OJSC, reported the press-centre of FAS Russia.

On 4th August 2010, FAS Russia found that “FGC UES” OJSC abused its market dominance. The company was imposing disadvantageous conditions upon “Tyumenenergo” OJSC about advance payment for technological connection measures and about reconstruction of two linear cells in ORU-110kv PС-220 kv “Progress”, on approaching the Federal Tariff Service to set the fee for technological connection depending on whether “Tyumenenergo” OJSC signed an additional agreement, and about possibility for “FGC UES” OJSC to unilaterally change the period for executing contract obligations for technological connection.

Thee Antimonopoly Service issued a determination to the company to stop violating the antimonopoly law.

Earlier FAS Russia received a petition from “LUKOIL-ENERGOSETI” OJSC about actions of “FGC UES” OJSC. Having entered in a contract with “LUKOIL-ENERGOSETI” OJSC for connecting “Kechimovskaya” sub-station to the electric power networks, “Tyumenenergo” OJSC filed an application to “FGC UES” OJSC about technological connection. In response, “FGC UES” OJSC sent the contract offer, reconciliation protocols and additional agreements to the applicant, imposing contract conditions that were disadvantageous for the applicant and the end-consumer “LUKOIL-ENERGOSETI” OJSC, and also were not directly provided for by normative legal acts.

Having investigated the case materials, the FAS Russia’s Commission found that “FGC UES” OJSC violated Clause 3 Part 1 Article 10 of the Federal Law “On Protection of Competition”.

The company disagreed with the decision of the antimonopoly authority and filed a lawsuit.

On 21st January 2011, Moscow Arbitration Court confirmed legitimacy and reasonableness of the FAS Russia’s decision and determination that “FGC UES” OJSC abused dominant position by imposing disadvantageous contract conditions upon “Tyumenenergo” OJSC, concluded in the interests of “LUKOIL-ENERGOSETI” OJSC, with regard to “Novie Pokachi” sub-station, and on 9th March 2011 - regarding “Kechimovskaya” sub-station.