{"id":239025,"date":"2022-01-12T14:24:39","date_gmt":"2022-01-12T12:24:39","guid":{"rendered":"https:\/\/investigator.org.ua\/?p=239025"},"modified":"2022-01-13T20:03:00","modified_gmt":"2022-01-13T18:03:00","slug":"%d1%84%d0%b8%d1%80%d1%82%d0%b0%d1%88-%d0%bf%d1%80%d0%be%d0%b4%d0%b0%d0%bb-%d0%ba%d1%80%d1%8b%d0%bc%d1%81%d0%ba%d0%b8%d0%b9-%d1%82%d0%b8%d1%82%d0%b0%d0%bd%d0%be%d0%b2%d1%8b%d0%b9-%d0%b7%d0%b0%d0%b2","status":"publish","type":"post","link":"https:\/\/investigator.org.ua\/en\/news-2\/239025\/","title":{"rendered":"Firtash Sold Crimean Titanium Factory to Russians without Permission of the Antimonopoly Committee of Ukraine"},"content":{"rendered":"

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The Antimonopoly Committee of Ukraine did not give the permit for concentration to Dmytro Firtash\u2019s PJSC \u00abUkrainian Chemical Products\u00bb and Russian company \u00abRusskij Titan\u00bb before the sale of Crimean titanium factory. Therefore, the Committee can initiate an investigation of concentration and, consequently, disclose real buyer of \u00abCrimean Titanium\u00bb.<\/b><\/p>\n

Group DF of oligarch Dmytro Firtash informed on December 30, 2021 that PJSC \u00abUkrainian Chemical Products\u00bb (before 2014 \u2014 \u00abCrimean Titanium\u00bb) sold all its Crimean assets to company \u00abRusskij Titan\u00bb (the Russian Federation).<\/span><\/p>\n

The Center for Journalist Investigations (CJI) submitted the information request to the Antimonopoly Committee of Ukraine with the request to clarify whether the Committee issued the permit for concentration before the sale of assets of PJSC \u00abUkrainian Chemical Products\u00bb in occupied Crimea.<\/span><\/p>\n

The answer of the Committee signed by Olha Muzychenko, the First Deputy Chair of the Committee, informs that participants of the agreement of sale of Crimean titanium factory did not ask the Committee for the permit for concentration.<\/span><\/p>\n

\u00abThe Committee did not receive applications from PJSC \u00abUkrainian Chemical Products\u00bb about permit for concentration with the participation of Armiansk factory manufacturing titanium dioxide and \u00abRusskij Titan\u00bb company during 2021. As an outcome, the Committee did not take respective decisions\u00bb.<\/span><\/p>\n

The Committee\u2019s letter also points out that the application for the permit for concentration should be submitted jointly by direct participants, i.e. seller and buyer, in accordance with the Ukrainian legislation on protection of economic competition.<\/span><\/p>\n\u0412\u0456\u0434\u043f\u043e\u0432\u0456\u0434\u044c \u0410\u041c\u041a\u0423<\/a>\n

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Agia Zagrebelska, the co-founder of non-profit \u00abAntitrust League\u00bb, believes that Firtash\u2019s PJSC \u00abUkrainian Chemical Products\u00bb had to address the Committee for the permit before the sale of its assets in Crimea, as there are clear grounds to recognize the company as participant of concentration.<\/span><\/p>\n

\u00abIf we calculate the revenue and value of assets of all companies related to Dmytro Firtash, then, this amount will undoubtedly exceed thresholds stipulated by the antimonopoly legislation. I know perfectly well, why they did not address. The first reason is that those assets are situated in temporarily occupied Crimea. The second is that they are related to Dmytro Firtash who is under sanctions. To my mind, it is unlikely they would receive any permit\u00bb, as Mrs Zagrebelska said.<\/span><\/p>\n

As she added, DF Group did not ask for Committee\u2019s permit, as it did not want to disclose the real buyer of titanium factory. Mr. Firtash himself can stand behind the buyer.<\/span><\/p>\n

\u00abIt is not known who acquired the assets. We see shell companies with symbolic statutory capital. Anybody can hide behind them, including Mr. Firtash. If they would address the Committee, they will have to disclose the ownership structure of \u00abRusskij Titan\u00bb. Then, the Committee would have the opportunity to investigate who was the real buyer hiding behind this company\u00bb, as Mrs Zagrebelska indicated.<\/span><\/p>\n

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Agia Zagrebelska, ex-State Commissioner of the Antimonopoly Committee of Ukraine.Photo: investigator.org.ua<\/em><\/p><\/div>\n

To her opinion, the Antimonopoly Committee can initiate an investigation of the concentration without the permission of the Committee. With the assistance of the Antitrust League, the CJI prepares an application to the Antimonopoly Committee about the launch of an investigation.<\/span><\/p>\n

As the Center for Journalist Investigations found out, precise information about company \u00abRusskij Titan\u00bb, the buyer of Crimean titanium factory owned by oligarch Dmytro Firtash, is currently unknown. PJSC \u00abUkrainian Chemical Products\u00bb did not publish identification data of the buyer whereas not less than five companies with the same name are registered in the Russian Federation. To whom Firtash could sell former \u00abCrimean Titanium\u00bb and why the Antimonopoly Committee, the State Security Service and the National Security and Defense Council of Ukraine should investigate the case \u2014 see in TV program \u00ab<\/span>Issues of National Security<\/b><\/a>\u00bb with Valentyna Samar.<\/span><\/p>\n