“BRSM-Nafta was fined UAH 12 million: what is the reason?
22 November 2024 14:45
The Antimonopoly Committee of Ukraine has fined Euro Smart Power LLC (brand BRSM-Nafta) UAH 12 million for leasing gas stations without the regulator’s permission. This was reported by the press service of the AMCU, "Komersant Ukrainian" reports
It is noted that the regulator considered a case of violation of the legislation on protection of economic competition in the form of concentration of Euro Smart Power LLC by leasing assets in the form of a single property complex – a gas station owned by Kersher LLC, without obtaining the AMCU’s permission, which is necessary.
The AMCU found that in 2021, SUN Kersher LLC leased out gas stations of the Glusko gas station chain in Kyiv to Euro Smart Power LLC (operating under the WOG, KLO, BRSM-Nafta and other brands).
The concentration was completed on August 30, 2021.
As explained by the AMCU, a gas station provides autonomous economic activity and constitutes a separate “operating business” that allows the owner to increase its presence in the Ukrainian commodity markets within an economically feasible time frame.
Therefore, in the AMCU’s opinion, the leased assets in the form of gas stations constitute a separate business unit, which provided Euro Smart Power LLC with the opportunity to have its own, clearly defined market turnover of certain goods, namely high-octane gasoline, diesel fuel and liquefied gas.
“Since the value indicators of the concentration participants in 2020, taking into account the control relationship, exceeded the thresholds set out in part one of Article 24 of the Law of Ukraine “On Protection of Economic Competition”, the implementation of such concentrations required obtaining the permission of the AMCU,” the regulator emphasizes.
They note that they did not receive any application for concentration permits from the above-mentioned business entities.
Therefore, the AMCU recognized that Euro Smart Power LLC committed a violation under paragraph 12 of Article 50 of the Law of Ukraine “On Protection of Economic Competition” by leasing assets in the form of a single property complex – a gas station owned by Kersher LLC, without obtaining the appropriate permit from the Committee’s authorities, which was necessary, and fined the company UAH 12,300,000.
