Having considered a case upon a petition of «GazEnergo-Alliance», FAS Russia issued a determination to observe the application processing deadline

On 27th April 2010, FAS Russia found that «Gazprom» OJSC violated Part 1 Article 10 of the Federal Law «On Protection of Competition» (abusing market dominance) by breaching the period for processing applications of «GazEnergo-Alliance» Ltd. for access to the company's gas transportation system.
For instance, FAS Russia established that after its contract with «Gazprom» OJSC for provision of gas transportation services had expired, «GazEnergo-Alliance» Ltd. had applied to «Gazprom» OJSC for short-term access to the gas transportation system in April - June 2009.
According to the Regulations on access of independent organizations to the gas transportation system, applications must be considered within 15 days.
In reality permissions for this period were backdated and only issued in August 2009. In spite of that, «Gazprom» OJSC provided the requested services to «GazEnergo-Alliance» Ltd., and permissions issued with delay covered exactly the scope of services provided in April - June 2009.
FAS Russia found that failure to consider applications of «GazEnergo-Alliance» Ltd. for access to the gas transportation system within the deadline set by the Regulations (the objective of which is to establish normal conditions for entrepreneurship) is an omission by «Gazprom» OJSC that infringed the interests io «GazEnergo-Alliance» Ltd. and, therefore, constitutes abusing market dominance. Nevertheless, FAS Russia did not identify any real damage caused by actions (omissions) of «Gazprom» OJSC to «GazEnergo-Alliance» Ltd.
FAS Russia issued a determination to «Gazprom» OJSC to stop antimonopoly violations, in particular, to observe statutory period for considering applications from independent organizations for access to the gas transportation system.

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