Oilmen haven't paid the four million fine yet, “fight back on prices

MINT, from regular monitoring of the market of oil products and based on daily evidence accepted by the Kosovo Customs over the prices of supply/import of oil products, as well as the Market Inspectorate's report regarding retail prices of oil products, has tallied local prices in large price movements on the world market, which constitutes the basis for price regulation and other safeguard clauses.

However, after the decision, the Kosovo Oil Association has called for a meeting to reject the setting of the ceiling price, which will be held today at 13:30.

By mid - 2020, the Kosovo Competition Authority had made one of the biggest decisions during the work operation in recent years.

The AKK had decided to condemn 14 oil trade companies in Kosovo. The sentence pronounced for manipulation with oil prices was over 4m euros, since there were doubts that retail operators of oil derivatives had not individually reflected on the occasion of the price assignment during November and December 2018. At the time, it dominated suspicion that the price of derivatives on the Kosovo market had remained the same despite the price cut at the international bead.

The Kosovar Competition Authority had decided to pronounce administrative punitive measures at large of 4,040,450.78 of the total incomes of six (6) months of 2018 14 oil derivative companies, which have been under investigation by the AKK since 2019. But this fine has not yet been paid, as the case is still in Kosovo courts.

Enis Shatri ʹ senior legal official at the Kosovar Competition Authority told Periscope that the case is dragging into court.

Because of the complaining procedures, the Republic of Kosovo's Competition Authority, there is no fine for the Kosovo Republic budget. All companies, have exercised Anke at the Constitutional Court for Administrative Affairs, and the same have now been delegated to the Commercial Court, since with the 08/L-015 Law, for the Commercial Court, competent is this court. Out of a total of 14 companies/taking, only for 3 others, the Authority has made the answers to the indictment, according to the court's procedural requirements, while for others we are awaiting the court's procedure. Regarding the answers to the indictment, we are awaiting “A decision by the relevant” Court for other cases, Shatri said.

He says that three years ago the Oil case was dealt with by the 03L-229 Law for the Protection of Competition, and the Law for Change and Complete 04/L-226.

The investigation into companies for the price of derivatives was launched in early 2019. After the investigation ended, the Competition Authority Commission has made a decision that 14 companies will be sentenced to 4m 40 thousand and 450.78 euros.

“The AKK has made final decision on oil derivative prices. The investigation was launched in 2019, where allegations were launched that operators had not acted as in 2018. The suspicion has been raised that we do not have to deal with competitive conduct or any prohibited agreement on this area. Companies that have been in the investigation have upset competition in the market, they have committed violations of competition provisions. The Authority Commission has imposed a fine of 4 million and 400 thousand for 40 companies under investigation”, the AKK's decision said.

The AKK had said companies could pay the fines through the tranche for these inflows to be collected into the Kosovo state budget.

The Competition Authority had ordered companies in the procedure to prevent any further action, which has to do with determining prices co-ordinatedly, through any agreement or other informal co-operation (unmarked), which goes to the detriment of consumers as well as any business activity that disrupts competition on the respective market.

The Kosovo Oil Association had expressed concern with the Competition Authority for the decision made against oilmen, under which the agreement between these businesses has never occurred or the Charter price.

“The decision issued by the Competition Authority, in the Oil Association, is strongly opposed. The decision to punish administrative measures against 14 oil derivative companies, calling it an arbitrary decision. The powerful association claims that there has been no oil price deal between these operators of the sector, and that there will never be”, the association considered. /Periscopi/