DNIPROPETROVSK UNSCRUPULOUS MANUFACTURERS OF SNACK PRODUCTS RECEIVED RECOMMENDATIONS FROM THE AMCU
During the investigation the Antimonopoly Committee of Ukraine found that in distribution networks of Ukraine fish snack products are implemented with inscriptions on the labels:
“Tuna silver” under the trademark “MORSKYE” (producer TOV MORE-2007 (Dnipro)) and
“Tuna premium” under the trademark “Tuna premium” (producer TOV SNEK EXPORT (Dnipro)).
The AMCU found that the start day of production and implementation of the production of TOV MORE-2007 is 13/07/2013, TOV SNEK EXPORT produces and implements its production since October 2014.
On the labels of both manufacturers’ products the title of the product is indicated – “Dried salted whiting” and information on the product composition, which indicates a lack of component “tuna” in this fish production.
The AMCU notes that when purchasing the production “Tuna silver” under the trademark “MORSKYE” and “Tuna premium” under the trademark “Tuna premium” the consumer fall under the impression of consumer properties of this type of product – “Tuna silver” and “Tuna premium”, which distinguishes the product for its consumer properties from similar products of the same manufacturer and from the products produced by competitors.
The combination of text and graphic information placed in such a way on the front and back of the product, may create an impression in consumer’s mind that this product is tuna.
Fish snack products, which includes whiting fish it is an another product that does not contain consumer properties that includes snack products, which includes tuna fish. In addition, fish snack products, which includes whiting fish have different consumer properties and has a lower cost than tuna fish.
That is, the distribution by the companies of the information on the labels of production on the type of the product “Tuna silver” and “Tuna premium”, while the type of product is “Whiting” can mislead the uncertain circle of consumers due to the dissemination of the inaccurate information about consumer properties of products through the chosen method of its presentation.
Message to the uncertain circle of customers of the inaccurate information about the type of product through placing this information on the labels of products in this manner may affect the consumer’s intent to purchase these products and it may lead to the better positions of TOV MORE-2007 and TOV SNEK EXPORT compared to other entities operating at the relevant market. So, TOV MORE-2007 and TOV SNEK EXPORT can enhance the competitive position and gain unlawful benefits in competition, not through their own achievements, but by the dissemination of the inaccurate information about the type of product, which is unfair competition.
On 08/11/2016 the AMCU recommended the companies to stop unfair competition through the indicating of the information about the type of the product in a comprehensible for customers way.
10 days are given for consideration of the recommendations/ The recommendations of the Antimonopoly Committee of Ukraine are subject to compulsory consideration by bodies or persons to whom they provided.