1. The subject of the dispute is the appeal of the decision of the Antimonopoly Committee of Ukraine (AMCU) on abuse of monopoly position in the natural gas distribution market.
2. The court of cassation upheld the decisions of the previous instances, which refused to satisfy the claim of JSC “Gas Distribution System Operator “Dnipropetrovskgaz” against the AMCU, based on the fact that the AMCU reasonably established the company’s monopoly position in the gas distribution market and the abuse of this position by making unreasonable demands on gas meters, which restricted competition; the courts of previous instances correctly established the commodity, geographical and temporal boundaries of the market, did not violate the norms of procedural law, in particular, when refusing to order an additional expert examination, since the conclusion of the previous expert examination was sufficient for making a decision; the courts should not take over the functions of the AMCU in determining the boundaries of the market, but should check the correctness of the AMCU’s application of the relevant legal norms; the company did not prove the absence of control relations between companies in groups that are within the sphere of influence of the company. The court also noted that it does not deviate from the previous conclusions of the Supreme Court, but only specifies their application to the circumstances of this case.
3. The court dismissed the cassation appeal and upheld the decisions of the previous instances.
