Courts dismissed a claim of Vologda regional energy supplier to abolish a FAS warning
On 20 July 2016, the 14th Arbitration Appeal Court upheld the judgment of Vologda Regional Arbitration Court that pronounced legitimacy and reasonableness of the warning issued by Vologda OFAS to “Vologda Regional Energy Company” JSC.
On 10 December 2015, the antimonopoly body issued a warning to “Oblastnie Elektroteploseti” (the predecessor of “Vologda Regional Energy Company”) to stop actions (omissions) that have elements of violating the antimonopoly law. Earlier Vologda OFAS received a petition from a physical person who in August 2015 had applied to “Oblastnie Elektroteploseti” for technological connection of a residential house in Belozersk to electric mains. The company drafted a technological connection contract with disadvantageous conditions for the consumer. When she once again approached the company claiming imposing disadvantageous contract conditions, the company failed to allow the application and she contacted Vologda OFAS.
The antimonopoly body found that the company’s actions have elements of violating Clause 3 Part 1 Article 10 of the Federal Law “On Protection of Competition” and issued a warning of 10.12.2015 to stop actions (omissions) that have elements of violating the antimonopoly law.
The grid company disagreed with the warning and challenged it at Vologda Regional Arbitration Court and then at the 14th Arbitration Appeal Court.
On 20 July 2016 the Appeal Court dismissed the claim of “Vologda Regional Energy Company” to invalidate the warning issued by Vologda OFAS on 10.12.2015.