DTEK has not received preliminary conclusions from the Antimonopoly Committee of Ukraine (AMCU) investigation and considers the publication of its results with accusations against DTEK Zakhidenergo and D. Trading as a part of a targeted ordering campaign against the company and administrative pressure on private business. DTEK operates in the electricity market exclusively in the legal field and within the legal framework established by the NEURC and approved by the AMCU.
Today, on June 2, the Antimonopoly Committee of Ukraine continued to formulate the issue of completing the collection and evidence in the cases concerning DTEK's monopoly status and the legislation on protected economic competition operating at DTEK Zakhidenergo and D. Trading, LLC in the area of Burshtyn Energy Island.
The company considers the AMCU's preliminary conclusions about DTEK's monopoly (dominant) position in the "regional market for commercial electricity sales and balancing during both minimum and maximum load hours" in the Burshtyn TPP trade zone to be unfounded and baseless for the following reasons:
1) Such a market does not exist in any normative or legislative act of Ukraine.
2) DTEK operates in the trade zone of the Burshtyn TPP Island of the Ukrainian electricity market in conditions of significant competition from other market participants, significant administrative price regulation by the NEURC, but within the norms and rules set by current legislation.
3) The disposal of the entire volume of electricity is carried out by the company exclusively according to the Rules determined by the NEURC and approved by the Antimonopoly Committee of Ukraine.
4) No decisions of the NEURC regarding the violation of the current Rules or licensing conditions by the companies were taken.
5) None of the companies received preliminary conclusions, so the AMCU report, in our opinion, is more like public administrative pressure on a domestic electricity producer.
DTEK points out that in accordance with the practice of EU competition law, which is mandatory for Ukrainian authorities to apply in such investigations, first of all, the conditions of the market and regulatory environment should be thoroughly and fully investigated due to the existence of administrative restrictions that lead to distortions of competition.
DTEK is confident that the AMCU's investigation should be based on European principles and rules of transparency and legality. DTEK provided all possible assistance and contributed comprehensive and substantiated answers to the AMCU's inquiries received during the information gathering period.
DTEK will defend its interests and reputation in the manner prescribed by the law.