31-12-2019 | 09:15

Earlier two courts confirmed legitimacy of FAS accusing the company in violating the antimonopoly law

In April 2018, FAS found that “MOEK” PJSC violated the Federal Law “On Protection of Competition” [1]: the company ignored the pricing procedure for recording the heating energy volume that should be paid for by consumers.

As established by the Antimonopoly Service, “MOEK” PJSC and “Zdorovie” MPRTs - a branch of Moscow Prosthesis-and-Orthopedic Enterprise of the Russian Ministry of Labour concluded a heating supply agreement. According to the agreement, the amount of supplied heating power and heating carrier is registered on the basis of heating energy meters, which fully complies with the regulatory acts of the Government of the Russian Federation.

Instead of registering the amount of supplied energy on the basis of meter readings, “MOEK” PJSC applied a calculation method, which infringed the company interest.

FAS issued a binding order to the company that “MOEK” PJSC must terminate the violation of the Federal Law “On Protection of Competition” and estimate heating energy for the company in line with the norms of the Russian Federation.

The company disagreed with FAS decision and order and attempted to appeal them judicially. Appeal Court and Cassation Court confirmed legitimacy of FAS actions.

On 14 October 2019, the Supreme Court of the Russian Federation dismissed the claim of the energy company to consider the case by the Judicial Collegium on Economic Disputes.

Deputy Head of FAS Vitaly Korolev commented: “The ruling of the Supreme Court drew a line in the dispute and classified such actions of energy companies on estimating the costs of services as unlawful”.



“MOEK” PJSC is an economic entity that has the dominant position on the markets of heating supply services.

[1] Clause 10, Part 1, Article 10

Site Map

News & Events Press Releases Media Releases Image Library About the FAS Russia What We Do General Information Mission, Goals, Values Priority Setting Institutional Memory Stakeholders Engagement Center for Education and Methodics Our History Our Structure Powers of Head and Deputy Heads Our Ratings GCR Using our website International Cooperation Treaties & Agreements International Working Groups Working Group on Research of Competition Issues in the Market of International Telecommunications (Roaming) Meetings Working Group for Studying Competition Problems in the Pharmaceutical Sector Concept Note Meetings OECD Competition Committee OECD meetings 2013 OECD meetings 2014 OECD meetings 2015 OECD meetings 2016 OECD meetings 2017 OECD meetings 2018 FAS Annual Reports OECD-GVH RCC RCC Newsletter ICAP Council on Advertising Headquarters for Joint Investigations UNCTAD 13th session IGE UNCTAD Resolution Russian contributions 14th session IGE UNCTAD Resolution Russian contributions 15th session IGE UNCTAD 16th session IGE UNCTAD 17th session IGE UNCTAD EEU Model Law on Competition ICN BRICS BRICS Conferences Documents BRICS Coordination Committee on antimonopoly policy BRICS Working Groups for the research of competition issues in socially important markets Cooperation within the BRICS BRICS Coordination Committee on antimonopoly policy EU APEC Competition Policy and Law Group Annual meetings Projects ERRA Full Members Organizational Structure Archive Working Group on Investigating Issues on Pricing in the Oil and Oil Product Markets and Methods of their Functioning Meetings Document Library Legislation Reports & Analytics Cases & decisions Contacts Give feedback Contact us Links Authorities Worldwide