THE AMCU FINED MANUFACTURER OF TOILET PAPER FOR REPORTING THE INCOMPLETE INFORMATION
The Committee considers the case on violation of legislation on protection against the unfair competition under Article 4 of the Law of Ukraine “On protection against the unfair competition” by TOV Bilyuks (Kam’ianske, Dnipropetrovsk Oblast) by means of using in production and realization of the packaging design of the toilet paper “Obukhiv NEW! 65” that is similar to the design of the packing of the toilet paper “Obukhiv 65 M” without permission (consent) of PAT Kyiv Cardboard and Paper Plant.
In order to clarify the actual circumstances of the case comprehensively, completely and objectively, Committee’s Authorized Government official sent the requirement to TOV Bilyuks, in which TOV Bilyuks was offered to provide the information and properly certified copies of the documents to the Committee within 20 calendar days from the day of receipt of the request.
The closing date for providing the information by this entity on the request feel at 9 December 2015. By letter on 12/09/2015 (registered in the Committee on 14/12./2015) TOV Bilyuks provided the incomplete response, particularly, there was no response to the points 1 – 8 of the requirements (a total of 9 points).
As of the date of the decision (01/11/2016), the Anti-monopoly Committee of Ukraine has received no other information from TOV Bilyuks.
The anti-monopoly legislation provides for obligatory compliance of the requirements of the AMCU. Entities are required to apply on the request documents, objects or other data mediums, explanations, other information, including the confidential information and banking secrecy, which the Committee needs to perform the tasks stipulated by the legislation on protection of the economic competition. According to the section 14 of the Article 50 of the Law of Ukraine “On protection of the economic competition” providing of information in incomplete volume to the Committee in established by the Committee’s body terms is a violation of legislation on protection of the economic competition.
By the conclusion from 01/11/16, the AMCU recognized the action of TOV Bilyuks in the form of providing the incomplete information to the Anti monopoly Committee of Ukraine at the request of the Authorized Government official of the Antimonopoly Committee of Ukraine in accordance with its term as a violation of the law on protection of the economic competition.
The fine amounted to 33,990 hryvnas.
The information violation of the legislation on protection of the economic competition entail liability in the form of fine, which tot up to one percent of entity’s income (revenue) from sales of products (goods, services, works) of the last financial year preceding the year in which the fine is imposed.