This document discusses two cases investigated by the Antimonopoly Committee of Ukraine (AMCU). The first case involves 16 gas suppliers filing complaints against Ukrtransgaz PJSC, the main gas transmission system operator, for requiring suppliers to submit personal customer data in nominations that could be shared with Ukrtransgaz's parent company, harming competition. The second case found that a co-founder of Ergon-Electric LLC illegally used confidential customer information from their previous company to establish Ergon-Electric and take customers, violating unfair competition law. In both cases AMCU found violations and made recommendations to resolve the issues.

1. ANTIMONOPOLY COMMITTEE OF UKRAINE
Dar’ya Cherednichenko
Deputy Chair
Antimonopoly Committee of Ukraine
12th of June 2020
Consumer data rights and
competition
Submission by the Antimonopoly Committee of
Ukraine to OECD Roundtable

2. 2
Antimonopoly
Committee of Ukraine
CASE STUDY
UKRTRANSGAZ PJSC
16 business entities, which supply natural gas to the public, apply statements on violation of the
legislation on protection of economic competition by the Ukrtransgaz PJSC
▪ transports natural gas through transmission
pipelines;
▪ until 2020 was a gas transmission system
operator (GTS Operator);
▪ had signs of a monopoly (dominant) position
in the specified market.
▪ connected with Ukrtransgaz PJSC by a
relationship of control and is a part of the
Naftogaz Group;
▪ carries out natural gas supply activities;
▪ is a competitor with the applicants.
Ukrtransgaz PJSC: Naftogaz of Ukraine NJSC:
According to the legislation, the natural gas supplier must apply a nomination to the
GTS Operator for the volumes of natural gas that will be submitted and extracted
from the gas transmission system.

3. 3
Antimonopoly
Committee of Ukraine
CASE STUDY
UKRTRANSGAZ PJSC
The nomination forms are approved by Ukrtransgaz PJSC and consist
personal data of consumers, in particular personal data of household consumers
(surname, first name, patronymic, address of residence, personal tax number etc.)
AMCU started investigation and found:
▪ the nomination/renomination forms with personal data of household consumers were
confidential information of suppliers and the disclosure, in particular to Naftogaz of Ukraine
NJSC, will remove the Applicants from the natural gas supply market
▪ more than 40% of the total natural gas are consumed by households;
▪ the Applicants submitted monthly nominations to GTS Operator without specifying personal
data of household consumers may be rejected by the GTS Operator and resolve the created
monthly imbalance at their own expense;
▪ total damage may be amounted up to UAH 800 million.
The AMCU provided Ukrtransgaz PJSC Recommendations:
to terminate actions holding signs of violation of the Law on the protection of economic
competition by bringing the form of monthly nomination/renaming of the customer of
transportation services and applications to it in accordance with the requirements of
applicable Law.

4. 4
Antimonopoly
Committee of Ukraine
CASE STUDY
ERGON-ELECTRIC LLC
It happened despite the fact that above-mentioned former co-owner of the first
company signed obligations to maintain commercial secrets for three years
after dismissal, in particular, undertook a duty not to use information that may
harm the original company.
The AMCU recognized the violation of the Law of Ukraine "On protection
against unfair competition" according to illegal use of commercial secrecy.
Co-founder of TVK Vector-VS LLC took away the information on the full list of
suppliers and customers with contact details and concluded contracts and used
to “steal” customers to newly founded business Ergon-Electric LLC.