Antimonopoly Committee of Ukraine has forbidden the construction of the pipeline “Nord Stream-2″

According to available in the Antimonopoly Committee of Ukraine the information, “Gazprom” and the company “Wintershall Nederland BV”, “E.ON Global Commodities SE”, “ENGIE SA”, “OMV Nord Stream II Holding AG” and “of Shell Exploration and Production (LXXS ) BV “, in connection with the planned project” North stream-2 “(hereinafter - the project), plan to create a new economic entity, which will carry out the order and / or execution of design and construction work for the project.

The project will focus on the construction and commissioning of gas pipelines, which will be held under the Baltic Sea from the Russian coast to the coast of Germany.

In accordance with the Law of Ukraine “On Protection of Economic Competition”, the creation of a business entity by two or more economic entities, for an extended period will independently carry out economic activities, but it is a creation does not lead to coordination of competitive behavior between the economic entities that created this economic entity or between them and the new economic entity, recognized by the concentration.

Concentration can be carried out only with the prior permission of the Antimonopoly Committee of Ukraine.

The implementation of concentration without obtaining permission of the Antimonopoly Committee of Ukraine, if the existence of such a permit is necessary, is a violation of economic competition protection legislation.

It should also be noted that in accordance with Article 5 of the Law of creation of the enterprise, the purpose or effect of which is the creation of co-ordination of competitive behavior between the economic entities that created the specified business entity, or between them and the new economic entity, is the concerted actions.

If concerted actions lead or can lead to prevention, elimination or restriction of competition, in accordance with Part 5 of Article 10 of the Law, such concerted action prohibited until the established procedure approval of the Antimonopoly Committee of Ukraine.

Before granting permission for concerted actions or concentration (if necessary) Project participants shall refrain from any action that could lead to a restriction of competition in Ukraine.

In connection with this, and in order to prevent violations of the protection of economic competition, we offer the participants of the project “North Stream-2″, to apply to the Antimonopoly Committee of Ukraine with the appropriate application.

22 August 2016

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