MOSCOW OFAS: “MOSENERGOSBYT” INFRINGED CUSTOMER’S RIGHTS

Moscow Arbitration Court pronounced legitimacy of the decision and order issued by Moscow OFAS against “Mosenergosbyt” JSC

Earlier Moscow OFAS ascertained a fact of abusing dominance by “Mosenergosbyt” JSC: the last resort provider billed a company for off-the-meter consumption, breaching the procedure for determining consumption volume. At the time of billing, the monopolist was aware that such calculations are unlawful and was in litigation with a network company that initially determined such a volume and requested to include it in its productive supply.

Although “Mosenergosbyt” JSC won a court case against a network company, it continued charging a customer in accord with an initially incorrect bill. The last resort provider filed a lawsuit to Arbitration Court to recover the debt from the customer and threatened to limit power supply. Thus, under the same circumstances “Mosenergosbyt” JSC attempted to prove different legal standpoints at Courts, creating legal uncertainty.  

The Court ruling to recover the customer’s debt on the bill formed the basis for reviewing the ruling by Cassation Court on a dispute between the last resort provider and the network company. Such conduct infringed the customer’s interests and violated the antimonopoly law.

“Mosenergosbyt” JSC disagreed with the decision and order issued on the basis of the antimonopoly investigation. The Court, however, fully supported the position of Moscow OFAS.