DTEK has said that the preliminary conclusions from the Antimonopoly Committee of Ukraine (AMCU) investigation about DTEK's monopoly (dominant) position in the "regional market for commercial electricity sales and balancing during both minimum and maximum load hours" in the Burshtyn TPP trade zone are unfounded and baseless.
"DTEK operates in the electricity market exclusively in the legal field and within the legal framework established by the NEURC and approved by the AMCU," the company said in a statement.
The group said that "the regional market for commercial electricity sales and balancing" does not exist in any normative or legislative act of Ukraine.
"DTEK operates in the trade zone of the Burshtyn TPP Island of the Ukrainian electricity market in conditions of significant competition from other market participants, significant administrative price regulation by the NCER [the National Commission for Energy, Housing and Utilities Regulation], but within the norms and rules set by current legislation. The disposal of the entire volume of electricity is carried out by the company exclusively according to the Rules determined by the NCER and approved by the Antimonopoly Committee of Ukraine," DTEK said.
No decisions of the NCER regarding the violation of the current Rules or licensing conditions by the companies were taken.
DTEK said that in accordance with the practice of EU competition law, which is mandatory for Ukrainian authorities to apply in such investigations, first of all, the conditions of the market and regulatory environment should be thoroughly and fully investigated due to the existence of administrative restrictions that lead to distortions of competition.
"DTEK is confident that the AMCU's investigation should be based on European principles and rules of transparency and legality. DTEK provided all possible assistance and contributed comprehensive and substantiated answers to the AMCU's inquiries received during the information gathering period. DTEK will defend its interests and reputation in the manner prescribed by the law," the group said.