The Odessa Territorial AMCU have Won the Appeal against the Sea Port “Chornomorsk”
The Odessa economy court of appeal have supported the decision of the first-instance court, which had denied the claim of the state enterprise “Sea Commercial Port “Chornomorsk” to the Odessa regional territorial department of the Antimonopoly Committee of Ukraine on invalidation of the decision on violation of the legislation on the protection of economic competition.
Thus, the resolution of the Odessa territorial AMCU from 09.02.2017 recognized the actions of the SE “SCP “Chornomorsk” as the violation of the legislation on the protection of economic competition, in accordance to the Part 1 of the article 13 of the Law of Ukraine “On the protection of the economic competition”, in the form of abuse of the monopoly (predominate) state, which can result in the limiting of the economic entities’ competition.
The SE “SCP “Chornomorsk” was fined 68 thousand UAH for this violation.
As the Odessa territorial AMCU discovered, the state enterprise signed the shareholding agreements in the maintenance of the SE “SCP “Chornomorsk” infrastructure only with the LLC “Transservice” and LLC “Transgreinterminal”. According to the office reports, the shareholding agreements signing in the maintenance of the SE “SCP “Chornomorsk” infrastructure only with some entities, acting on the territory of the sea commercial port “Chornomorsk”, creates the unequal conditions for such entities and can result in the limiting of the competition at the cargoes transport handling services market, a the other port operators (stevedoring companies) have no costs for the shareholding participation in the maintenance of the SE “SCP “Chornomorsk” infrastructure.
The Odessa economic court of appeal stated that the case materials provide that the SE «SCP “Chornomorsk” hadn’t provided any grounds and evidences for negation of the conclusion to the point neither in the first instance court, nor in the economic court of appeal, that is hadn’t provided any evidences that the shareholding participation costs, carried by the appropriate companies, could not result in the limiting of the competition at the stevedoring services market because of creation of the unequal conditions for all port operators, conducting the running the same business at the territory of ST “SCP “Chornomorsk”.
The court discovered that the Odessa regional territorial department of Antimonopoly Committee of Ukraine legally and reasonably had concluded about the SE “SCP “Chornomorsk” violation of the legislation on the protection of the economic competition in the form of abuse of the monopoly state, that could result to the limiting of the competition at the such entities stevedoring services market, and fined the SE “SCP “Chornomorsk” for such violation.