Courts supported a big fine upon “T Plus” PJSC and “Orenburg Heat Supplier” Ltd.
Urals District Arbitration Court upheld the decision and determination of Orenburg OFAS regarding “T Plus” PJSC and “Orenburg Heat Supplier” Ltd. The total fine upon the companies remains 950,000 RUB.
Earlier Orenburg OFAS found that “T Plus” PJSC and “Orenburg Heat Supplier” Ltd. violated Part 1 Article 10 of the Federal Law “On Protection of Competition”. The companies that have the dominant position on the market of heat supply services unreasonably set overrated tariffs for the heating power¹, supplied to Orenburg residents.
“T Plus” PJSC technologically was able to directly supply heat to consumers in accord with the approved tariffs¹, but engaged “OKK” Ltd. in the system of relations without any economic need (based on lease and sub-lease contracts). As a result of heat supplies by both organizations the tariffs for the population increased significantly due to the costs of acquiring heating power from “T Plus” PJSC and the lease expenses and the costs of servicing heat supply facilities leased or sub-leased by the company. Consumers did not have an alternative option to acquire heart supply services and were forced to pay for the consumer power at higher rates.
OFAS held “T Plus” PJSC and “Orenburg Heat Supplier” Ltd. administratively liable and fined the companies 475,000 RUB each.
The companies disagreed with the decision and determination of Orenburg OFAS and filed a lawsuit. Orenburg Regional Arbitration Court, the 18th Arbitration Appeal Court and Urals District Arbitration Court upheld the normative acts issued by the antimonopoly body.
¹Tariff (single-rate) for the hear energy supplied to consumers in Orenburg, approved by No.243-t/e Order of Orenburg Regional Department on Prices and Tariff Regulation of 27.12.2012 for “Orenburg Utility Heat Supplier”.