Court: Tver Energy Supplier Violates Antimonopoly Law
OREANDA-NEWS. December 13, 2013. “Tver Energy Supplier” OJSC and the Regional Energy Commission of the Tver region violated the antimonopoly law, which resulted in fixing excessive prices for fixing excessive prices in 2010 and 2011 for consumers in the Tver region. Tthe Federal Arbitration Court of the Moscow District supported the decision of the Federal Antimonopoly Service (FAS Russia). Earlier, Moscow Arbitration Court and the 9th Arbitration Appeal Court made the same conclusions.
On 14th September 2012, FAS issued a decision on a case against “Tver Energy Supplier” OJSC and the Regional Energy Commission of the Tver region that in 2010 and 2011 had submitted understated estimates on the average number of hours of capacity use. Based on these data, “Trading System Administrator of the Wholesale Electricity Market” OJSC determined the average prices for electric power for consumers in the Tver region calculated according to one-part rate.
Understating the final average hour of used capacity resulted in a considerable growth of average-weighed non-regulated prices for electric power (capacity) for the end-users on the Tver region that are calculated according to one-part rate.
FAS found that “Tver Energy Supplier” OJSC and the Regional Energy Commission of the Tver region, upon an agreement between them prices for electric power increased unreasonably, violated Article 16 of the Law “On Protection of Competition”. FAS also found that “Tver Energy Supplier” OJSC abused its market dominance by manipulating prices on retail market of electric power (capacity) (in violation of Part 1 Article 10 of the Law “On Protection of Competition”).
Later, FAS fined “Tver Energy Supplier” OJSC and the Regional Energy Commission of the Tver region over 107 million RUB.
“Cases against power suppliers that manipulate prices on retail markets of electric power became landmarks for FAS. The Court ruling not only confirms legitimacy of the decision of the antimonopoly body, but also protects the interests of persons, for whom prices for electric power were out-priced as a result of unlawful company actions”, said the Head of FAS Department for Control over Electric Power Industry, Vitaly Korolyov.