On 29th September 2008, the Amur Office of the Federal Antimonopoly Service (OFAS Russia) fined «DEK» OJSC, a branch of «Amurenergosbyt», 42 927 000 Rubles for abusing dominant position.
Earlier the Amur OFAS Russia recognized that «DEK» OJSC violated Article 10 of the Federal Law «On Protection of Competition» (abusing dominant position) and ordered to eliminate the violations.
Investigating the case, the Antimonopoly Office established that «DEK» OJSC, in the person of its Tynda unit, included a clause in its energy supply contract that infringed the interests of an economic agent and put it in unfavorable conditions. Contrary to Clause 70 of No. 530 Decree of the Government of the Russian Federation of 31st August 2006 «On Approving the Regulations for Retail Markets of Electrical Power in the Transitional Period of Reforming the Electric-Power Industry», «DEK» OJSC included a clause in its energy supply contract which required 100 % payment for the contract quantity of electrical power consumption by 15th day of the current month. By this, the company created obstacles for entrepreneurial activities of «Dzheltula» ZDP Ltd., as it knowingly imposed unfavorable conditions upon its counteragent in the energy supply contract.
Having investigated the case, the Amur OFAS Russia imposed a fine upon «DEK» OJSC, a branch of «Amurenergosbyt», under Article 14.31 of the Code of the Russian Federation on Administrative Violations.
