DTEK did not receive any preliminary conclusions from Antimonopoly Committee of Ukraine (AMCU) regarding the investigation. Therefore, DTEK considers that the publication of outcomes of the investigation in accusative manner is an act against DTEK Zakhidenergo and D.Trading and is a part of an ordering campaign against the company that creates administrative pressure on private business. As stated before, DTEK only operates within the legal perimeter and obeys the legal framework established by NEURC and approved by AMCU.
Today, on 2 June, the Antimonopoly Committee of Ukraine informed the market that they have finalized the process of information-gathering and evidence collection for the cases concerning DTEK monopoly status and concluded that the legislation regarding the protected economic competition operations has been breached by DTEK Zakhidenergo and D.Trading LLC in the area of Burshtyn Energy Island.
The company considers AMCU's preliminary conclusions about DTEK monopoly 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 partially operates in the trade zone of the Burshtyn TPP Island, which is part of the Ukrainian Electricity Market, in conditions of significant competition from other market participants and faces constant significant administrative price regulations from 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 and in accordance with the Rules determined by the NEURC and approved by the Antimonopoly Committee of Ukraine.
4) There was NO direct pronouncement on behalf of NEURC, regarding the violation of the current Rules or licensing conditions.
5) None of the companies received preliminary conclusions regarding the investigation, so the AMCU report, in our opinion, is a public administrative pressure on a domestic electricity producer.
DTEK highlights the fact that in accordance with the EU competition law practices, the application of which is mandatory for the Ukrainian authorities in current situation, the conditions of the market and regulatory environment should be thoroughly investigated due to the existence of the administrative restrictions, which led to distortions of competition in the first place.
DTEK is confident that AMCU's investigation must be based on the European Principles and the rule of transparency and legality. DTEK provided all reasonably conceivable assistance and has delivered comprehensive and substantiated answers to the AMCU's inquiries, which were received during the information gathering period.
DTEK will defend its interests and reputation in the manner prescribed by law.
