The fight for pilotage services: the court sided with AMCU against MIU
26.04.2023 - 13:10
The Supreme Court confirmed that the Ministry of Infrastructure is obliged to admit private companies to pilotage services.
The Supreme Court recognized as legitimate the decision of the Antimonopoly Committee of Ukraine (AMCU) regarding the Ministry of Infrastructure of Ukraine. Thus, on April 20, 2023, the decision of the Northern Commercial Court of Appeal and the decision of the Commercial Court of Kyiv were left unchanged, AMCU reports.
The Ministry of Infrastructure filed a lawsuit against the AMCU to cancel the 2021 decision on the right of private companies to provide pilotage services.
This case was considered by the AMCU based on the complaint of P&O Maritime Ukraine (the beneficiaries of which are the brothers Yehor Grebennikov and Andriy Stavnitser).
The company could not start operations on the markets of pilotage services in the seaports of Ukraine, since, according to the orders of the Ministry of Internal Affairs, pilotage services can only be provided by SE “Delta-Lotsman”.
Initially, in August 2020, AMCU provided MIU with recommendations on eliminating the specified obstacles to competition. They were not fulfilled.
Already in September 2021, the Antimonopoly Committee recognized the ministry’s inaction, which consisted in not bringing regulatory acts to the requirements of the Merchant Shipping Code of Ukraine, as well as the Law “On Sea Ports of Ukraine”.
We are talking about discrimination of the company based on the form of ownership, as well as violation of the Law of Ukraine “On Protection of Economic Competition”. By its decision, the committee obliged MIU to stop the violations within six months. In particular, violations regarding:
• theoretical training, simulator training and practical training of candidates for the position of sea pilot;
• qualification assessment of candidates for the position of sea pilot;
• entering the market of pilotage services;
• implementation of activities on the market of pilotage services.
