OREANDA-NEWS. November 30, 2009. The Moscow Arbitration Court confirmed validity of the fine imposed upon "Moscow Heat Network Company [Moskovskaya Teplosetevaya Kompania]" OJSC ("MTK" OJSC) for exercising concerted actions with "Moscow Integrated Energy Company [Moskovskaya Obyedinennaya Energeticheskaya Teplosetevaya Kompania]" OJSC ("MOEK" OJSC) on the market for heat supply services in Moscow. The amount of fine is more than 130 million Rubles, reported the press-centre of FAS Russia.

On 28th September 2009, the Federal Arbitration Court of the Moscow District confirmed validity and reasonableness of the decision of the Federal Antimonopoly Service (FAS Russia) on recognizing the fact of antimonopoly violations by the companies. Also "MOEK" OJSC withdrew the lawsuit on invalidation the FAS Russia's decision and determination. Therefore, validity and reasonableness of the conclusions made by the antimonopoly authority was confirmed by Courts of several instances and admitted by one of the participants of concerted actions.

On 25th August 2008, FAS Russia found that "MTK" OJSC and "MOEK" OJSC violated Part 1 Article 11 of the Federal Law "On Protection of Competition" (forbidding concerted actions). FAS Russia also found that "MTK" OJSC violated Part 1 Article 10 and Part 1 Article 14 of the Federal Law "On Protection of Competition".

The case was initiated upon a petition of "Mosenergo" OJSC.

"MTK" OJSC violated the law by unreasonably refusing to enter into a contract with "Mosenergo" OJSC for transferring heating energy for "MOEK" OJSC, which was in breach of Part 1 Article 10 of the Federal Law "On Protection of Competition".

Also "MTK" OJSC disseminated false and incorrect information, which can inflict damages upon economic entities by sending notices to consumers of "Mosenergo" OJSC, indicating the mandatory requirement of an energy receiver connected to the network of the energy supplier in order to enter into a contract for supply of electric power.

FAS Russia issued mandatory determinations to "MTK" OJSC and "MOEK" OJSC with requests to restore competitive conditions.