Shell challenges in court decision of the antimonopoly committee of ukraine
лют. 23, 2017
On January 17, 2017 "Alliance Holding" LLC (Shell) which operates Shell filling stations network filed a lawsuit challenging the decision of the Antimonopoly Committee of Ukraine (the AMCU) approved in October 2016 in case of alleged committing by Shell and other light fuel market operators of “anticompetitive concerted actions”, which allegedly led to restriction of price competition on the mentioned market.
Having thoroughly reviewed the case file, Shell concluded that the AMCU’s decision isn’t proved by any evidence and rejects the findings and conclusions of the AMCU. Shell filed a legal action to protect its infringed rights and interests and seeks to invalidate the AMCU decision in court.
"We are concerned the investigation of the AMCU is based mainly on assumptions. The Regulator did not take into account the evidences and clear economic justification provided by our company. Being a transparent and honest market participant adhering strictly to the legislation on protection of economic competition in doing business, Shell network operates in Ukraine in a highly competitive market providing consumers with quality fuel at economically based price. ", - said Peter Kerekgyarto, General Manager of "Alliance Holding" LLC and Country Chair of "Shell" companies in Ukraine.
We’d like to remind that for such an alleged "violation" the AMCU imposed a fine on Shell of almost 40 million UAH, which is equivalent of $ 1.6 million and obliged it to better inform consumers about their discounts and loyalty programs. The Company believes the AMCU’s decision is ungrounded because the Regulator did not provide any evidence that Shell committed any anticompetitive concerted actions and such alleged behavior is not in line with Shell Business Principles aiming for openness and transparency in operations and in servicing customers.
Furthermore, the Committee ignored the conclusions and recommendations made by the Council of Business Ombudsman in Ukraine, which clearly indicated that the AMCU should take an objective and impartial decision after reviewing the case, which would correspond to the objective conditions for doing business in the fuel retail market in Ukraine.
Upon the legal action filed by Shell the litigation was started in the court and the judge began reviewing the merits of the case.
Shell in Ukraine Press office
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Shell in Ukraine
Shell is one of the world's leaders in energy and petrochemical industry. Today Shell operates in more than 80 countries with over half a million people representing the Shell brand on approximately 43,000 retail sites. Since 2007 "Alliance Holding", LLC is responsible for operation of the filling stations network under Shell brand in Ukraine offering customers high quality petrol products & LPG. Today, Shell filling stations network consists of 135 stations in 18 regions of Ukraine. Shell in Ukraine employs around 1900 people.