ARMA announced a competition for the transfer of a diesel “pipe” to the management facility Medvedchuk". The Antitrust League has investigated which government entities can take part in the competition and the prospects of the Antimonopoly Committee granting permission for concentration. Published on the website Business Censor.
The Agency for Asset Management (ARMA) on February 25, 2021 announced a competition for the manager of the arrested parts of the oil and gas pipeline "Samara - Zahidniy direct" as part of the criminal investigation, which belongs to LLC "PrikarpatZakhidtrans".
According to ARMA, at the request of the manager, objects of an indestructible mine, including disputes, technological objects and linear plots, directly related to the secured activities, were put up for competition naphtha pipeline, which runs through the territory of Transcarpathian, Lviv, Rivne and Zhytomyr regions.
Among other essential criteria for the selection of potential managers of seized assets, ARMA also means: the number of direct participants, their leaders, participants, shareholders, controllers and officials of sanctioned entities (nationally and internationally).
In addition, before potential participants in the competition for the right to manage the petroleum product pipeline, additional benefits are provided, including the availability of a license to promote government activity from the transportation of oil and petroleum products by main lines pipeline on the territory of Ukraine, as well as at least 5 years of continuous activity.
Recently, the Appeals Chamber of the Great Anti-Corruption Court invalidated the decision of the Great Anti-Corruption Court on February 23, 2021 regarding the arrest and transfer of parts of the oil and gas pipeline to the management of ARMA. “Samara-Zakhidny direct”, which revived the misery of the ruler of assets.
At the same time, until the conclusion of the agreement between ARMA and the state joint-stock partnership "Ukrtransnafta", we will appoint a manager responsible for saving the seized mine in a closed competition.
Any subjects of government can take part in the competition for the management of seized assets of “PrykarpatZakhidtrans”
The legislation means that the government's activity with the transportation of petroleum and petroleum products through main pipelines falls into the sphere of natural monopolies.
Licenses to carry out such activities are held by two entities of the state: JSC “Ukrtatransnafta” and the owner of the seized assets – LLC “PrykarpatZakhidtrans”.
The participants of LLC "PrikarpatZakhidtrans" are the Swiss company "International Trading Partners AG" of a small-scale citizen of Nimechchyna Anatoly Schaefer and the Belarusian company "Naftobitumen Plant" of a businessman from Belarus Mikoli Sparrow.
Stosovno Mykola Vorobya 12/17/2020 issued EU sanctions for supporting the Lukashenka regime in the hour of presidential elections in Serpina 2020, vindicated by the Bremino Group - a company that is fighting tax benefits and other forms of support from the side of the Belarusian administration.
In addition, the Ministry of Health of Ukraine informed Ukrinform that at this time it will undergo internal procedures in accordance with the project of ordering the order of Ukraine to impose sanctions against Belarusian soldiers for falsifications during the presidential elections in Belarus in 2020 and the persistence of violence against peaceful protesters.
In addition, this enterprise is connected with the sanctioned oligarch Viktor Medvedchuk (although he himself will seal any connection), fragments of the very structures of people from the close focus of the odious politician controlled the security transportation of diesel fuel from Russia by naphtha product pipeline.
Thus, ARMA's insurance coverage for participants in the competition for the management of seized assets, LLC "PrikarpatZakhidtrans" cannot take part in the competition, as many of its participants are individuals due to any violation of sanctions on international comparison.
However, in general, the law does not prevent the owner of seized assets from taking part in a competition for the management of such assets.
Dovidkovo: participation in the competition for the management of seized assets already exists. LLC "NVP "Energia-Novoyavorivsk" in court discredited the decision of the ARMA Tender Committee for the illegality of choosing another participant to mediate the competition for the management of seized assets.
It also seems that the only participant and winner of the competition for the management of the seized assets of the “Medvedchuk pipe” is JSC “Ukrtransnafta”, which manages the system of main oil pipelines in Ukraine, the marine naphtha terminal "Pivdenny" and oil pumping stations, as well as Volodya with special equipment for saving and transporting oil.
JSC "Ukrtransnafta" enters the warehouse of the NJSC "Naftogaz of Ukraine" group - a vertically integrated group of companies in the fuel and energy complex of Ukraine.
Reference:
Among the companies that are part of the Naftogaz group and active in the markets related to the transportation of diesel fuel is Ukrnafta. This is the largest naphtha producer in Ukraine. The share of the partnership between the gas condensate and gas condensate in 2020 was 62,5%, the share between the gas production and gas condensate was 5,7%, and the share between the gas condensate and gas condensate was approaching 90%. Stan as of 01/01/2021
PJSC "Ukrnafta" issued 85 special permits for the production (industrial development of genera) of carbohydrates. The enterprise had 15 drilling rigs on its balance sheet.
The Ukrainian “Ukrnafta” is one of the largest gas stations in Ukraine, present in most regions of the country (537 gas stations). At filling stations, diesel fuel is also sold, which is produced, among other things, by the Ukrtatnafta plant, 43% of which belongs to Naftogaz.
What does the Antimonopoly Committee say?
Before signing an agreement to manage the assets of PrykarpatZakhidtrans, a potential buyer must go through the procedure of obtaining permission from the Antimonopoly Committee of Ukraine for concentration. An application to the AMCU for granting permission can be submitted both before and after the start of the competitive procedure, and not later than 30 days from the date of the announcement of the dispute.
It is reported that the Antimonopoly Committee is unlikely to identify a basis for completely eliminating the concentration, as the remaining markets for the transportation of naphtha and naphtha products are becoming a natural monopoly and as a result of this concentration The situation on the market, despite competition every day, will not change.
At the same time, concentration can be extended to local markets, the fragments of the Naftogaz of Ukraine group through JSC Ukrgazvydobuvannya (Shebelinsky Gas Processing Plant), through the Kremenchutsk Oil Refinery (volodya shares of PJSC Ukrtatnafta size 43%) is the current production of diesel fuel through JSC "Ukrnafta" (Volodya at 537 gas stations) and its implementation.
Dovidkovo: according to the A-95 consulting group, the diesel fuel market grew by 7,3 million tons in 2020, of which the share of imports was 84,7%, the Ukrainian Shebelinsky Gas Processing Plant and the Kremenchuck Refinery were 15,3% (1,13 million tons). Imported fuel was mainly transported from the Russian Federation (35,1%), Belarus (30%), Lithuania (8,4%), and through seaports (11,2%).
The insurance company believes that Ukrtransnafta will be part of a vertically integrated group that produces and sells diesel fuel, and that it enters the control line of the diesel pipeline, through which approximately 30% of all diesel fuel can be transported. burning, you can create or limit competition in the markets for wholesale and retail sales of fire.
For example, Naftogaz will sell all of the diesel fuel transported by the pipeline only through its gas stations, and will sell it to others at a higher price, as it immediately enters the gas market.
Therefore, it is assumed that the granting of permission for concentration may be subject to specific behavioral concerns (to ensure access on equal terms), which may minimize the possible negative impact on competition.
In addition, the AMCU may have problems with the withdrawal of information from the authorities of the oil and gas pipeline of LLC "PrikarpatZakhidtrans".
For such cases, the legislation gives the AMCU the right to launch the procedure of “unfriendly suppression”, within the framework of which the agency can independently collect the necessary documents and information for the best nutrition in essence.
However, it is necessary to go through a trivial process, and it would be impossible for ARMA to work closely with law enforcement officials and the RNBO to collect the necessary package of documents.
Also, it is possible that when other information about the information about the control of PrykarpatZakhidtrans LLC is removed, the AMCU may prefer the procedure for revising the decision on granting permission to the Belarusian company Mikoli Vorobya to add more than 50% shares in the statutory capital of “PrykarpatZakhidtrans”, according to the storm of pressure ahead of the 2019 presidential elections.
If, after all, JSC "Ukrtransnafta" and ARMA will not apply to the competition authority for permission to concentrate, I will order the control of the Ministry of Internal Affairs to threaten a fine of up to 5% of the river turnover.
However, the AMCU may have problems in this process. The decision of the Great Anti-Corruption Court does not care that the Prykarpat Zakhidtrans mine has been arrested and is planned to be handed over to the manager, creating a single mining complex (UMK), which allows government activity to be carried out from transportation. naphtha products.
Even after the decisions are taken under arrest, they are transferred to the control not “pipe”, but around the objects (stations, nodes, etc.).
Because ARMA and Ukrtransnafta happen to ignore the AMKU, the agency will have to prove that the assets are being transferred to the AMKU itself.
Visnovki
However, we assume that the competition will be formal, which is entirely logical, taking into account the specifics of the asset. A few countries may be able to obtain companies with licenses for the petroleum products pipeline.
If you give such a strategic asset to the wrong hand, you are definitely risking a scam.
At the same time, due to the beneficial work of ARMA, AMKU, Naftogaz and law enforcement officials, the value of their assets will be preserved, their effectiveness will not be affected by any harm to competition on the market for the sale of diesel firing, which today is far from being an ideal state, it will be worse where exactly.
І finally, the insurance company between the oil-fired business "Naftogaz" and the so-called "Privat" group of oligarch Igor Kolomoisky, is important, so that control over the "pipe" is taken away from the sovereign "Naftogaz" in particular "Ukrtransnafta". And not de jure a power, but de facto an oligarch.
The otherwise popular oligarchic model of “powers - wealth, private citizens - income” yesterday hit our, and already kindly devastated, Hamians more painfully.
Fakhіvets from competition law and M&A platform "League of Antitrust"
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