Fine for unlawfully terminated a contract

The Federal Antimonopoly Service (FAS Russia) has imposed an administrative penalty upon “Mosenergosbyt” PJSC.

The fine reached 300,000 RUB.

Earlier the antimonopoly body considered a case upon a statement filed by the “Federal Research Testing Centre for Machine-Building” OJSC. The Centre complained to FAs after receiving a letter from “Mosenergosbyt” PJSC about unilateral termination of a contract for electric power supply due to repeated indebtedness for the consumed electric power. “Mosenergosbyt” unlawfully included the payment for capacity and normative electric power losses in the costs of electric power transmission services above the tariffs.

The FAS Commission concluded that actions of “Mosenergosbyt” PJSC violate the Federal Law “On Protection of Comeptition”.

“The Antimonopoly Service established that “Mosenergosbyt” unilaterally terminated the contract with the “Federal Research Testing Centre for Machine-Building” that was an electric power consumer. Such actions are unacceptable under the current law”, said the Head of FAS Department for Regulating the Energy Industry, Dmitry Vasiliev.  The FAS commission also found that the company breached the established pricing procedure, including additional service in the bills contrary to the normative legal acts.

The company filed a lawsuit challenging the decision of the antimonopoly authority. The First Instance Court and the Appeal Court, however, confirmed the rightness of FAS conclusions.