On 7th October 2008, the 9th Arbitration Appeal Court processed the appeals of FAS Russia and the «Yenisei Regional Generating Company (TGK-13)» OJSC against the judgment of the Moscow Arbitration Court on the suit of the «Yenisei Regional Generating Company (TGK-13)» OJSC against the decision and determination issued by the Federal Antimonopoly Service (FAS Russia). The 9th Arbitration Appeal Court revoked the judgment of the Moscow Arbitration Court and pronounced validity and legitimacy of not only the FAS Russia's decision but also the determination issued by the antimonopoly authority.
On 18th February 2008, FAS Russia recognized that the «Yenisei Regional Generating Company (TGK-13)» OJSC violated Part 1 Article 14 of the Federal Law «On Protection of Competition» (abusing dominant position). The company violated the law by imposing unfavorable conditions of the heating supply contract upon «Zhilservice» CJSC, infringing its interests.
Having investigated the case, FAS Russia found that the «Yenisei Regional Generating Company (TGK-13)» OJSC violated the antimonopoly legislation and issued a determination toe eliminate the violations by changing the heating supply contract in terms if its compliance with the Housing Code of the Russian Federation and the Regulations on of Housing Services to the Residents.
The Moscow Arbitration Court allowed the claim of the «Yenisei Regional Generating Company (TGK-13)» OJSC in terms of recognizing invalidity of the FAS Russia's determination; however, the Court found the FAS Russia's decision legitimate and justified.
FAS Russia and the «Yenisei Regional Generating Company (TGK-13)» OJSC disagreed with the judgment of the Moscow Arbitration Court, and filed an appeal to the Court of Appeal Instance.
The 9th Arbitration Appeal Court revoked the judgment of the Moscow Arbitration Court, confirming validity and justness of the FAS Russia's decision and determination.
