Alliance Holding
The Antimonopoly Committee reported that Alliance Holding LLC (UAH 43 million) and Enzhi Energy Management Ukraine LLC (UAH 4 million) were fined for their involvement in the Nord Stream-2 project, as reported by Our Money.
In 2016, the Antimonopoly Committee of Ukraine cautioned international companies participating in the construction of a gas pipeline from Russia to Germany under the Baltic Sea about the requirement to obtain approval from the Antimonopoly Committee of Ukraine. This warning applied to OAO Gazprom, the University of Gas Transportation & Finance BV, Engie Energy Management Holding Switzerland AG, OMV Gas Marketing Trading & Finance BV, Shell Exploration and Production (LXXI) BV, Wintershall Nederland Transport. and Trading B.V.
These companies did not obtain the necessary permit, despite their project causing significant changes in the gas market that impacted Ukraine due to decreased transit. In June 2021, the Antitrust League approached the AMCU regarding the anti-competitive consequences of Nord Stream 2. However, the committee initially refused to investigate, claiming that the construction of the gas pipeline did not concern the rights and interests of a public organization. In September 2021, the committee began examining the financing agreements for the Nord Stream 2 project and the distribution of powers among its participants.
A preliminary analysis revealed that global companies Engie, OMV, Shell, Uniper, Wintershall Dea, and Gazprom had taken actions that could hinder, eliminate, or restrain competition.
However, the current decision of the Antimonopoly Committee does not affect these companies. The AMCU found that there are Ukrainian enterprises associated with three of these participants. Shell controls Alliance Holding LLC, Engie controls Angie Energy Management Ukraine LLC, and Wintershall controls Basf T.O.V. LLC.
The antimonopoly authorities referred to Article 63 of the Law “On the Protection of Economic Competition”, which states that economically connected entities must share information and take measures to prevent violations of competition law. However, it was Ukrainian companies that received requests to confirm or deny whether their foreign owners had concluded agreements on Nord Stream-2.
None of the Ukrainian subsidiaries responded to these requests. As a result, the Antimonopoly Committee of Ukraine fined two of them for failing to provide information – Shell's “Alliance Holding” and “Engy Energy Management Ukraine”. The trial involving Basf is ongoing.
During the investigation and inquiries, Nord Stream 2 was disrupted by explosions, and gas is no longer being transported through it.
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