On 17th April 2008, the Federal Antimonopoly Service (FAS Russia) imposed administrative charges upon the «Enisey Regional Generating Company (TGC-13)» OJSC (under Article 14.31 of the Code of Administrative Violations) and applied the turnover fine 9 492 000 Rubles for violating the antimonopoly legislation.
Earlier FAS Russia recognized that the Company had breached Article 10 of the Federal Law «On Protection of Competition» (abusing dominant position). The Company violated the law by imposing unfavorable contract terms to the counteragent or the terms irrelevant to the subject matter of the contract.
The case against the «Enisey Regional Generating Company (TGC-13)» OJSC was initiated upon a complaint of «Zhilservice» CJSC.
The «Enisey Regional Generating Company (TGC-13)» OJSC occupies dominant position on the market of heat supply services in Minusinsk.
FAS Russia established that «Zhilservice» CJSC, being the managing organization of a residential building, made an offer to the «Enisey Regional Generating Company (TGC-13)» OJSC (the Energy Provider) to enter into a contract to supply heat to the house. The Energy Provider presented a draft heat supply contract, with which «Zhilservice» CJSC disagreed. In this connection, it sent the Discrepancy Protocol to the Energy Provider; and, in its turn, the Energy Provider disagreed with it.
Considering the case, the Antimonopoly Service established that the Energy Provider included in the body of the contract certain provisions, which had been formalized by the abolished regulatory legal acts and were not in compliance with the existing regulatory legal acts. It also included ambiguous technical requirements, not formalized by the heat supply regulations. Therefore, the «Enisey Regional Generating Company (TGC-13)» OJSC violated Part 1 Article 10 of the Federal Law «On Protection of Competition»
Such a violation is publishable by a fine amounted to 1% -15% of the proceeds gained from the sales of goods (works, services) on the market where the violation occurred.
