OREANDA-NEWS. March 13, 2012. The Federal Arbitration Court of the Urals District upheld the decision of the Office of the Federal Antimonopoly Service in the Chelyabinsk Region (Chelyabinsk OFAS Russia) that “Chelyabenergosbyt” OJSC violated the antimonopoly law, reported the press-centre of FAS Russia.

“Chelyabenergosbyt” OJSC has dominant position on the retail market of selling electric power (without transmitting and distribution) in the Chelyabinsk region (except the zones of operation of other providers of last resort).

On 25th May 2010, Chelyabinsk OFAS Russia received a complaint from one of the regional hospitals that “Chelyabenergosbyt” OJSC had imposed disadvantageous conditions of electric power supply contract.

Explaining the situation, “Chelyabenergosbyt” OJSC emphasized the existing scheme of supplying electric power to the regional hospital and other consumers: from power grid facilities of a network organization through energy-receiving devices (power units) of the medical institution, then – through power grid facilities, affiliation of which are not known, and further on – to energy-receiving devices of the population. “Chelyabenergosbyt” OJSC refused to accept the readings of electric power meters installed in the hospital, because the scheme involved transit consumers of electric power. In practice the hospital paid the difference between the received volume of electric power and the volume paid for by the population.

Chelyabinsk OFAS Russia found that “Chelyabenergosbyt” OJSC violated Part 1 Article 10 of the Federal Law “On Protection of Competition”.

The Courts of three instances dismissed the appeal of “Chelyabenergosbyt” OJSC.

“On this case, we would like to point out that the Courts agreed with the fact of imposing disadvantageous contact conditions, although the contract already been concluded between the hospital and the provider of last resort. The hospital was forced to stop the dispute and sign the contract because allocating budgetary funds was under the threat. Without the contract the monetary funds could not be transferred. We managed to suppress the fact of abusing dominance of the provider of last resort and defend the decision and determination at Courts of three instances”, commented Deputy Head of Chelyabinsk OFAS Russia, Elena Semyonova.