The Antimonopoly Committee published reports on the imposition of fines on Alliance Holding LLC (UAH 43 million) and Enzhi Energy Management Ukraine LLC (UAH 4 million) in the case about the creation of Nord Stream-2, Our Money writes.
Back in 2016, the Antimonopoly Committee of Ukraine warned the international companies involved in the construction of a gas pipeline from Russia to Germany under the Baltic Sea about the need to obtain permission for concentration from the Antimonopoly Committee of Ukraine. This applied to OAO Gazprom, the University of Gas Transportation & Finance BV, Engie Energy Management Holding Switzerland AG, OMV Gas Marketing Trading & Finance BV, Shell Exploration and Production (LXXI) BV, Wintershall Nederland Transport. and Trading B.V.
The companies never received the relevant permit, although their project led to significant changes in the gas market that affected Ukraine due to a decrease in transit. In June 2021, the Antitrust League applied to the AMCU regarding the anti-competitive consequences of Nord Stream 2. Then the committee refused to open a case due to the fact that the construction of the gas pipeline, in its opinion, in no way concerned the rights and interests of a public organization. But in September 2021, he began to study financing agreements for the Nord Stream 2 project and the distribution of powers between its participants.
A preliminary analysis showed that the global companies Engie, OMV, Shell, Uniper, Wintershall Dea and Gazprom have taken actions that may lead to the prevention, elimination or restriction of competition.
However, the current decision of the Antimonopoly Committee does not apply to these firms. As part of its research, the AMCU found that there are enterprises in Ukraine associated with three of these participants. Shell controls Alliance Holding LLC, Engie controls Angie Energy Management Ukraine LLC, Wintershall controls Basf T.O.V. LLC.
The antimonopolists referred to Article 63 of the Law “On the Protection of Economic Competition”, according to which economic entities connected by control relations must exchange information among themselves and take measures to prevent violations of the law on the protection of economic competition. But it was Ukrainian companies that were sent demands to provide information about confirming or refuting the fact that agreements on Nord Stream-2 were concluded by their foreign owners.
None of the Ukrainian “daughters” responded to these demands. And the Antimonopoly Committee of Ukraine fined two of them for failure to provide information – Shell's “Alliance Holding” and “Engy Energy Management Ukraine”. The Basf trial is still ongoing.
During this study and inquiries, Nord Stream 2 was destroyed by explosions and gas is not transported through it.
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