OREANDA-NEWS.  December 23, 2013. The 9th Arbitration Appeal Court dismissed the claim of “Moscow Integrated Electric Grid Company” OJSC (“MOESK” OJSC) on invalidating a judicial act of a lower Court that had pronounced legitimacy of the Federal Antimonopoly Service (FAS Russia) with regard to “MOESK” OJSC.

The Antimonopoly Service carried out an unscheduled inspections of the company, in the course of which FAS exposed various violations with regard to concluding and executing contracts for technological connections of non-stationary trading facilities with Administrative Boards of Moscow Administrative Districts (Clause 1 Article 10 of the Federal Law “On Protection of Competition”).

In June 2011 - November 2012, District Administrative Boards concluded contracts with “MOESK” OJSC for technological connections of non-stationary trading facilities to electric power networks. The Administrative Boards filed separate applications to “MOESK” OJSC for every non-stationary trading facility, each of which was registered by “MOESK” OJSC under a separate registration number.

“MOESK” OJSC combined several applications for technological connections of power-receiving devices with capacity up to 15 kW of District Administrative Boards in Moscow in the subject of the same contract for technological connections to consolidate and increase the maximum capacity of connected power-receiving devices – over 15 kW. It resulted in applying the tariff rate for calculating the costs of connecting per 1 kW to electric power networks of “MOESK” OJSC at 16,648.80 RUB/ kW, instead of statutory 550 RUB, which was confirmed by Moscow Department for Trade and Services.

The Antimonopoly Service issued a determination to transfer 232 million RUB obtained as a result of the violation to the federal budget.

“MOESK” OJSC disagreed with the FAS decision and filed a lawsuit. The Court of First Instance and the Appeal Court pronounced legitimacy of the decision issued by FAS.

“This example illustrates that a monopolist can be very crafty infringing the interests of its counteragents. But the Federal Antimonopoly Service consistently and forcefully ensures compliance with the antimonopoly law”, commented Deputy Head of FAS Anatoly Golomolzin.