OREANDA-NEWS. March 21, 2011. The Federal Arbitration Court of the Moscow District drew a line in the dispute between the Moscow Office of the Federal Antimonopoly Service (OFAS Russia) and Butyrsky District “Direktsia Edinigo Zakazchika” (State Unitary Enterprise) by taking the side of the antimonopoly body, reported the press-centre of FAS Russia.

Earlier Moscow OFAS Russia fined” Butyrsky District DEZ” 1,976,880 Rubles for violating Part 1 Article 10 of the Federal Law “On Protection of Competition”.

Moscow OFAS Russia received a complaint from “PROV.RU” Ltd. about unlawful actions of “Butyrsky District DEZ”. According to “PROV.RU” Ltd., “Butyrsky District DEZ” abused its dominant position on the market of services for managing apartment blocks: it prevented entry of “PROV.RU” Ltd. to the market of Internet services and other telecommunication services in the district.

The two organisations concluded a cooperation agreement, under which “Butyrsky District DEZ” was supposed to exercise technical control over equipment of “PROV.RU” Ltd. located in the premises of a building in the Butyrsky District. In its turn, “PROV.RU” Ltd. had to pay for this service. However, “Butyrsky District DEZ” unilaterally changed (increased) the payment conditions which resulted in “PROV.RU” Ltd. accumulating arrears and later refusing to provide access to the premises of “Butyrsky District DEZ”, where the company’s technical equipment was placed.

In course of an investigation, experts of Moscow OFAS Russia established that “Butyrsky District DEZ” violated the antimonopoly law.

Based on this decision, Moscow OFAS Russia issued a determination to fine “Butyrsky District DEZ” 1,976,880 Rubles.

Moscow Arbitration and Cassation Courts confirmed the determination issued by Moscow OFAS Russia to “Butyrsky District DEZ”.

“Butyrsky District DEZ” violated the rights of the organisation by not allowing making an offer to the residents of apartment blocks and infringed the interests of the residents because they were deprived of a possibility to chose an Internet provider. The Courts took our side so the fine will be collected and the rights of the petitioner restored”, commented Deputy Head of Moscow OFAS Russia, Ekaterina Solovyova.