COURTS OF TWO INSTANCES SUPPORTED FAS DECISION REGARDING “ATS” JSC
The company changed the requirements to the bids filed by competitive take-off participants, breaching the Wholesale Market Rules
On 14 June 2018, the 9th Arbitration Appeal Court in Moscow upheld the judgment of the Court of first instance supporting the decision of the antimonopoly authority.
In September 2017, FAS recognized that the Trading System Administrator (“ATS” JSC) violated the antimonopoly law.
On 27 March 2017 the Trading System Administrator published information on its official web-site necessary for competitive take-off with regard to investments projects for construction of generating facilities that work on renewable energy sources.
After a month, “ATS” JSC republished information about annual competitive take-off of renewable energy sources for 2018, 2019, 2020, 2021 and 2022. In particular, the company reconsidered the planned volumes required for capacity take-off and included capacity supplies in 2022.
The Wholesale Market Rules, however, do not allow changing and republishing requirements to participants less than 90 before the deadline for filing competitive take-off bids отборе.
As established by FAS Commission, changing the requirements to competitive take-off bids violates Article 17 of the Law “On Protection of Competition”.