The Antimonopoly Committee of Ukraine fined companies related to Nord Stream-2
26.11.2022 - 11:35
The Antimonopoly Committee of Ukraine fined companies related to Nord Stream 2.
In September 2021, the Committee inspected a number of companies that concluded agreements on financing the Nord Stream 2 project and distributed powers among its participants, the press service of the Antimonopoly Committee of Ukraine reports.
In particular, the Antimonopoly Committee of Ukraine investigated the actions of foreign companies PJSC Gazprom, Uniper Gas Transportation & Finance B.V., Engie Energy Management Holding Switzerland AG, OMV Gas Marketing Trading & Finance B.V., and Shell Exploration and Production (LXXI) B.V. , “Wintershall Nederland Transport and Trading B.V.”.
As part of the investigation, the Committee identified three business entities operating in Ukraine connected by control relations with these companies. According to the preliminary analysis, the actions of the companies “Alliance Holding”, “BASF T.O.V.” and “Enji Energy Management Ukraine” may lead to the prevention, elimination or restriction of competition.
The companies had to provide information regarding the confirmation or denial of the fact that foreign companies concluded agreements. It was also demanded to explain the need to obtain permits from the Committee’s bodies for the specified actions.
None of the defendants fulfilled the Committee’s requirements. Failure to provide information prevents the ability to establish whether the mentioned companies should have received permission from the Antimonopoly Committee of Ukraine for concerted actions, so it is currently impossible to establish the presence or absence of a violation of the relevant legislation.
Alliance Holding LLC was fined UAH 43.452 million (the largest fine for this type of violation) for failing to provide information at the request of the state authorized representative of the Antimonopoly Committee of Ukraine. Enzhi Energy Management Ukraine LLC was fined UAH 3.941 million for not submitting information to the Committee.
Consideration of the case regarding BASF T.O.V. LLC currently ongoing.
