Ukraine’s Antimonopoly Committee continues to defend, within the framework of cassation, the decision made on Sept. 5, 2019, on the forced break-up of the Ukrainian nitrogen assets of the Ostchem Group, which is owned by businessman Dmytro Firtash via his Group DF conglomerate (GM Sept. 6, 2019).
The case is to be again considered by the panel of judges of the country’s Supreme Court, Interfax-Ukraine reported this week, citing Head of the Antimonopoly Committee Olha Pischanska.
The cassation court of the Supreme Court has referred the case to the Grand Chamber of the Supreme Court because it saw there “an exceptional legal problem,” Pischanska explained.
However, she said the Antimonopoly Committee “is convinced of the fairness of its original decision,” since the actions of Ostchem, according to her, led to a supply shortage and an increase in nitrogen fertilizer prices in the midst of spring fieldwork, and “an indicative demonstration of the monopolist’s strength.”
The Antimonopoly Committee in 2019 found Ostchem’s Severdonestsk Azot, Azot, and RivneAzot companies, along with the group’s wholesale trading company NF Trading Ukraine LLC, abused their monopoly position in the sale of nitrogen fertilizers during 2014-2017. Ostchem includes two other companies that were not named – Nitrofert and Concern Stirol.