CASSATION SUPPORTED FAS REGARDING AGREEMENT IN THE COAL SUPPLIES MARKET
The Arbitration Court of the Moscow District overturned the decision of the court of the first instance and the ruling of the court of appeal and adopted a new judicial act in favour of the authority
It should be reminded that the FAS Russia found TGC-2 PJSC, ArhoblEnergo JSC and TEK LLC as violating the antimonopoly law.*
The companies entered into an anti-competitive agreement with each other and created favourable conditions for TEK LLC to participate in tenders for the supply of coal for the needs of combined heat and power plants located in the Arkhangelsk, Novgorod and Yaroslavl regions. Contracts have been awarded for a total amount of 1,549,613,366 RUB.
During the proceedings, the authority also found that the inflated prices of contracts concluded based on the results of the procedures under consideration, among other things, formed the basis for calculating tariffs for thermal energy for 2020 in the Arkhangelsk region.
Administrative offence cases have been initiated against the parties to the agreements.** The companies were fined for 431 million RUB.
* Paragraph 1 of the Part 1 of the Article 17 of the Law on Protection of Competition
** Part 2 of the Article 14.32 of the Code of Administrative Offences of the Russian Federation