On 27th August 2008, the Moscow Arbitration Court dismissed the claim of «Kubanskaya Energosbytovaya Kompania [Energy-Supplying Company]» OJSC (»Kybanenergosbyt» Ltd.) on invalidating the decision and determination issued by the Federal Antimonopoly Service (FAS Russia) to the Company.
On 19th May 2008 FAS Russia recognized that «Kybanenergosbyt» Ltd. violated Part 1 Article 10 of the Federal Law «On Protection of Competition» (abusing dominant position).
The case was initiated upon a petition of «Nezavisimaya Energosbytovaya Kompania Krasnodarskogo kraya [Independent Energy-Supplying Company of the Krasnodar region]» OJSC (»NESK» OJSC) against the actions of «Kybanenergosbyt» Ltd., which had abused dominant position on the market of buying-selling (supplying) electric power market and prevented access of «NESK» OJSC on the wholesale energy market.
To enter the wholesale market and supply electric power to a retail customer - «Novorosmetall» Ltd. - «NESK» OJSC signed and sent to «Kybanenergosbyt» Ltd. the List of measurement devices for commercial accounting at the points of energy supply to «Novorosmetall» Ltd.
The document is required to gain access to the services of the market administrator. Under Clause 8 of the Regulations on non-discriminatory access to the services of the wholesale market administrator and offering such services, the adjacent to the Petitioner economic agent of the wholesale energy market must agree upon the List within thirty days after it was received. However, «Kybanenergosbyt» Ltd. evaded signing the document.
Therefore, «Kybanenergosbyt» Ltd. prevented access of «NESK» OJSC to the wholesale energy market, infringed the company's interests and restricted market competition.
Having investigated the case, FAS Russia issued a determination to «Kybanenergosbyt» Ltd. requesting the Company to eliminate the antimonopoly violations.
«Kybanenergosbyt» Ltd. disagreed with the decision and determination issued by the antimonopoly authority and appealed. The Court, however, confirmed validity and justness of the FAS Russia's decision and determination.
