13618

04.04.2017

The Council helps to stop abuse on the part of the state enterprise

Natural Monopolies: market barriers/abuse Dnipropetrovs'k region

Subject of complaint: Artemsil State Enterprise (Artemsil SE)
Complaint in brief: Complainant, wholesale company TOV “Ukrainian National Product”, registered in Dnipro Oblast, lodged a complaint with the BOC regarding abuse by Artemsil SE, a state monopoly that controls more than 90% of the salt extraction and supply market in Ukraine. The latter refused to sign direct salt supply contract with the Complainant for 2017. Instead, Artemsil SE suggested that the Complainant sign a supply contract with a distributor, that is, an intermediary. 
State company actually carried out the offense, as it is obliged to sign direct contracts for the supply of salt.
The Complainant had already applied to the BOC over similar matter in early 2016, when Artemsil refused to sign a direct supply contract for last year.
Action taken: The BOC investigator determined that Artemsil’s refusal to sign the salt supply contract might fall within the meaning of monopoly abuse under Art. 13 of the Law “On the protection of economic competition.”
The BOC investigator sent a request to Artemsil SE to promptly take all the necessary steps to sign a salt supply contract with the Complainant for 2017.
Result achieved: Following the Council’s involvement, Artemsil SE signed a new salt supply contract with Complainant on January 16, 2017. The case was successfully closed. 

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