DTEK Zapadenergo will not pay the AMCU fine.
During the investigation of the AMCU cases, it was established that the ministry recommended that state-owned enterprises increase the maximum price level for one coal product for the needs of thermal power plants and combined heat and power plants to the appropriate level.
As the FinbalanceOn September 29, 2022, the Supreme Court rejected the cassation appeal of the Antimonopoly Committee of Ukraine (AMCU) and upheld the decision of the Kyiv City Commercial Court dated December 15, 2021 and the ruling of the Northern Commercial Court of Appeal dated July 20, 1922/u), which satisfied the claim of DTEK Zakhidenergo and canceled the fine of UAH 172,97 million, which the AMCU imposed on the company by its decision No. 236-r dated April 29, 2021.
As Finbalance reported, on September 15, 2022, the Supreme Court rejected the cassation appeal of the Antimonopoly Committee of Ukraine and upheld the decision of the Kyiv City Commercial Court of December 15, 2021, and the ruling of the Northern Commercial Court of Appeal of July 13, 2022 (in case No. 910/12 of DTEK Vostokenergo, the fine of UAH 91,05 million imposed by the Antimonopoly Committee on this company by decision No. 236-r of April 29, 2021 was overturned.
On September 27, 2022, the Northern Commercial Court of Appeal refused to satisfy the appeal of the Antimonopoly Committee of Ukraine and upheld the decision of the Kyiv City Commercial Court of June 21, 2022 (in case No. 910/12456/21), which satisfied the claim of DTEK Trading LLC in the amount of UAH 4 million, imposed on the plaintiff by the defendant's decision No. 236-r of April 29, 2021.
On June 21, 2022, the Kyiv City Commercial Court upheld DTEK Dniproenergo's claim against the Antimonopoly Committee of Ukraine (case No. 910/12446/21) and overturned the fine of UAH 125,5 million imposed on the plaintiff by the same defendant's decision No. 236-r dated April 29, 2021.
The AMCU reported that at the same time it fined Centrenergo 205,8 million UAH, Gosuglesnab 2,3 million UAH, and Cherkasy Khimvolokno 14,4 million UAH.
According to the findings of the Antimonopoly Committee, participants in the thermal coal market, following the recommendations of the Ministry of Energy, raised prices in 2016-2019.
As stated, during the committee's investigation, it was established that the ministry recommended that state-owned enterprises raise the maximum price for one coal product for thermal power plants and combined heat and power plants to a level. This is confirmed by the minutes of meetings to determine the maximum coal price. Representatives of private companies—suppliers and consumers of thermal coal—were also present at the meetings.
The business entities participating in the meetings supplied over 80% of all thermal coal for thermal power plants (TPPs) and combined heat and power plants (CHPs). Also present at these meetings were electricity producers (TPPs and CHPs), which consume over 95% of all thermal coal used in this industry.
After some time, the defendants indicated in their agreements prices for thermal coal supplies similar to those determined at Ministry meetings. This situation lasted for approximately three years.
The Antimonopoly Committee of Ukraine noted that the Ministry of Energy and Coal Industry did not have the authority to recommend price caps, as thermal coal sales in Ukraine must be conducted under market conditions.
As noted, the analysis of average weighted base prices also shows that in the period from August 2016 to June 2019, JSC DTEK Dniproenergo, JSC DTEK Zapadenergo, LLC DTEK Vostokenergo, PJSC Cherkasskoye Khimvolokno and PJSC Centrenergo purchased thermal coal at base prices similar to the maximum prices determined at meetings at the Ministry of Energy and Coal Industry.
Skelet.Org
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