“Mosenergosbyt” unilaterally terminated a contract
On 10 August 2016, the Appeal Court pronounced legitimacy of a decision issued by the Federal Antimonopoly Service (FAS Russia) with regard to “Mosenergosbyt” PJSC.
Earlier the antimonopoly body investigated a case upon a complaint of the “Federal Research Testing Centre for Machine-Building” OJSC (“FIITs M” OJSC). The complaint to FAS was filed upon a letter of “Mosenergosbyt” PJSC on unilateral termination of the power supply contract due to repeated debts for the consumed electric power. “Mosenergosbyt” also unlawfully included capacity fee and payment for normative electric power losses above those set by the tariff, in the costs of electric power transmission services.
FAS Commission concluded that “Mosenergosbyt” PJSC violated the Federal Law “On Protection of Competition”.
Antimonopoly Service established that “Mosenergosbyt” unilaterally terminated an energy supply contract with “FIITs M” OJSC – an electric power consumer, which is unacceptable under the current law.
FAS Commission also found that the company breached the established pricing procedure by including additional scope of services that are contrary to normative legal acts.
The company disagreed with the decision of the antimonopoly authority and filed a lawsuit. Moscow Arbitration Court and the 9th Arbitration Appeal Court supported the arguments put forward by FAS.