Court confirmed legitimacy of the fine imposed by Yaroslavl OFAS upon “Yargorteploenergo” OJSC

The Second Arbitration Appeal Court pronounced legitimacy of a decision issued by the Office of the Federal Antimonopoly Service in the Yaroslavl region (Yaroslavl OFAS) on “Yargorteploenergo” OJSC committing an administrative violation.

In November 2015 Yaroslavl OFAS fined “Yargorteploenergo” OJSC 650,000 RUB for violating Part 1 Article 11 of the Federal Law “On Protection of Competition” (abusing dominance).

“Yargorteploenergo” OJSC requested “No.1 Managing Company” OJSC to clean flow transducers in direct and reverse pipelines in heating and hot ware supply networks, and make control meter readings and submit hear energy log books (hourly and daily archives for three days) for a house located at 9, Zvezdnaya St., Yaroslavl, which is not specified by the current law. Such actions not only infringed the interests of “No.1 Managing Company” OJSC but also the residents of the house that were forced to make utility payments in accord with the standards rather than the meter readings.

“Yargorteploenergo” OJSC was held administratively liable. The company disagreed with the fine imposed by Yaroslavl OFAS and filed a lawsuit. Having examined the case, Yaroslavl Regional Arbitration Court and the Second Arbitration Appeal Court upheld the decision of the antimonopoly body.