OREANDA-NEWS. December 06, 2011. Kursk Regional Arbitration Court pronounced legitimacy of the decision of the Office of the Federal Antimonopoly Service in the Kursk region (Kursk OFAS Russia) regarding “Gazprom Mezhregiongaz Kursk” Ltd., reported the press-centre of FAS Russia.

The case was initiated upon petitions from consumers of natural gas – “Agrokompania Rus” OJSC and “Nipromtex” Ltd. who the company required to pay for monthly contractual gas volumes that had not been taken off in January – March 2011.

The Commission of Kursk OFAS Russia established that “Gazprom Mezhregiongaz Kursk” Ltd. included payments for non-consumed gas in the gas supply contracts with all its customers in the Kursk region.

As a result of the violation, in January – May 2011, “Gazprom Mezhregiongaz Kursk” Ltd. unlawfully obtained the income in the size of 700,000 Rubles – the funds paid by the buyers of natural gas upon supplier’s requirement as the forfeit for contractual monthly gas volumes that had not been taken off.

The monopolist concluded 3247 gas supply contracts that included a condition about penalties for not-taking off contractual monthly gas volume within a month of gas supply. 934 contracts did not have this condition (excluded from 859 contracts at the stage of concluding a contract, excluded from 75 contracts after a contract had been concluded).

The Commission of Kursk OFAS Russia found that “Gazprom Mezhregiongaz Kursk” Ltd. violated Clause 8 Part 1 Article 10 of the Federal Law “On Protection of Competition” and issued a determination to stop the violation and to transfer the illegally obtained income to the federal budget.

The company filed a lawsuit challenging the decision and determination of the antimonopoly body. Kursk Regional Arbitration Court agreed with the position of Kursk OFAS Russia.

“In the absence of direct special legal norms regulating the issues of not-taking off gas, judicial support of Kursk OFAS Russia that the requirement of “Gazprom Mezhregiongaz Kursk” Ltd. to pay for the natural gas, which was not taken off, has monopolistic nature, is very important. Kursk OFAS Russia intends to suppress such abuses of dominant position by the gas supplier and protect the interests of all buyers of natural gas in the Kursk region”, commented the Head of Kursk OFAS Russia, Ms Marina Volkova.