OREANDA-NEWS. June 03, 2008. The Federal Antimonopoly Service recognized that "Kubanskaya Energy-Selling Company" OJSC ("Kuban'energosbyt" OJSC) violated Part 1 Article 10 of the Federal Law "On Protection of Competition" (abusing dominant position), reported the press-centre of FAS Russia.

The case was initiated under a complaint of "Independent Energy-Selling Company of the Krasnoidar Region" ("NESC" OJSC). The company stated that Ко "Kuban'energosbyt" OJSC was abusing its dominant position on the market of energy buying-selling (supplying) and was preventing the entry of "NESC" OJSC to the wholesale energy market.

To enter the wholesale market and supply energy to a retail customer - "Novorosmetall" Ltd. - "NESC" OJSC signed the List of measurement devices for commercial registration in the outlets of energy supply to "Novorosmetall" and forwarded it to "Kuban'energosbyt" OJSC.

The document is necessary to obtain access to the services of a trading system administrator. Under Clause 8 of the Rules for non-discriminatory access to the services of the administrator of a wholesale trading system and offering such services, the entity of the wholesale market, partnering with the Petitioner, must agree on the above List within 30 days after the documents were received. "Kuban'energosbyt" OJSC, however, failed to sign the document.

Therefore, "Kuban'energosbyt" OJSC created obstacles for "NESC" OJSC entering the wholesale energy market, infringed the company's interests and restricted market competition.