OREANDA-NEWS. March 24, 2014. Moscow Arbitration Court pronounced legitimacy of the decision and determination of the Federal Antimonopoly Service (FAS Russia) with regard to “MOESK” OJSC. The company must transfer 232 million RUB, gained through violating the law.

The Antimonopoly Service carried out an unscheduled on-site inspection of “MOESK” OJSC and exposed various violations on concluding and executing the contracts for technological connection of non-stationary retail facilities with the authorities of administrative districts in Moscow (Clause 1 Article 10 of the Federal Law “On Protection of Competition”).

In June 2011 - November 2012, district authorities concluded with “MOESK” OJSC contracts for technological connection of non-stationary retail facilities to electric power networks. The authorities filed separate applications to “MOESK” OJSC for technological connection of each non-stationary retail facility. Each application was registered by “MOESK” OJSC under a separate registration number.

“MOESK” OJSC combined several applications filed by Moscow district authorities for technological connection of energy-receiving devices with up to 15 kW capacity in order to consolidate and increase the maximum capacity of connected energy-receiving devices - over 15 kW. Such actions led to using the rates for calculate the costs of connecting to the electric networks of “MOESK” OJSC at 16,648.80 RUB/kW, instead of the statutory 550 RUB per application for up to 15 kW capacity, which is confirmed by Moscow Department of Commerce and Services.

“MOESK” OJSC disagreed with the FAS decision and determination and filed a lawsuit. The Court of First Instance and the Appeal Court, however, supported the Antimonopoly Service.