The State Court invalidated the decision of the AMCU on

The State Court invalidated the decision of the AMCU on the fine of the gas station of the Kolomoiskyi group

The Capital Court decided to cancel a billion fine for a group of companies of a Ukrainian oligarch for collusion in the fuel market.

The Commercial Court of Kyiv canceled a fine of UAH 4.68 billion from the Antimonopoly Committee of Ukraine for companies of the Privat group of oligarch Ihor Kolomoiskyi for collusion in the fuel market.

Such a decision was made by judge Vadym Bosiy on November 2, “Word and Deed” reports.

As indicated, “Verange” LLC filed a lawsuit with the State Court of Kyiv to invalidate the decision of the Ukrainian Chamber of Commerce and Industry on recognition of anti-competitive concerted actions related to the setting of prices for light petroleum products by the companies of the “Privat” group. Also, by the same decision, VTF Avias LLC, Avias Trading House LLC, Prom Garant Plus LLC, Alliance Evolution LLC, Ukrtatnafta PJSC and 169 gas station operators (including Ukrnafta PJSC) were fined “), in particular, Verange LLC. Another 29 companies joined the lawsuit, including “Verange” LLC, asking to cancel the fine against them, in particular, PJSC “Ukrtatnafta” and PJSC “Ukrnafta”. A fine of UAH 4.68 billion was imposed on the specified 30 companies.

The State Court of Kyiv established that the materials of NABU detectives were used in the decision of the AMCU, but the use of these materials was recognized as illegal by the decision of the District Administrative Court of Kyiv. This was the decision left unchanged The Sixth Administrative Court of Appeal, and the Supreme Court in general did not open proceedings on the complaint of AMCU. Therefore, the decision of the OASK entered into force and the NABU materials regarding the conspiracy of a group of companies were removed from the AMCU investigation. Therefore, the State Court of Kyiv indicated that AMCU did not provide any other data that would confirm these anti-competitive actions.

“Satisfy the claims in full. To invalidate paragraphs 1, 2 of the operative part of the decision of the Antimonopoly Committee of Ukraine No. 178-r dated 30.03.2021 in the parts relating to Verange LLC, Sealand Group LLC, Alliance Evolution LLC, Ukrtatnafta PJSC, a subsidiary “Ukrtatnaftaservice” PJSC “Ukrnafta”, “Bologna Company” LLC, “START-N” LLC, “ENSIS” LLC, “CLAIM-S” LLC, “Compass X” LLC, “Donmas” LLC, “Atoil” LLC “, LLC “Amram”, LLC “MIRANTIS”, LLC “TK-Faro”, LLC “AVENTA PETROLEUM”, LLC “Coach Prime”, LLC “Dream-Company”, LLC “Veleonor”, LLC “PRESTIGE NAFTA”, LLC “Chromia”, “Like City” LLC, “Kitcher-Solution” LLC, “Imperia Lit” LLC, “Varna Group” LLC, “Kairos Book” LLC, “Premier Business Brook” LLC, “AYAS” LLC and Data Gold LLC– reads the decision of judge Bosogy.

We will remind, on March 30, 2021, the AMCU recognized the actions of the gas station of the Privat group regarding the setting of prices for light petroleum products as anti-competitive concerted actions. A number of companies were also fined UAH 4.7 billion.

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Source: The State Court invalidated the decision of the AMCU on the fine of the gas station of the Kolomoiskyi group

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