DRUGSTORE-(NOT)-STORAGE WAS DETECTED BY THE AMCU IN KHARKIV
During exercise of state supervision over statutory compliance on the protection of economic competition, on 01/03/2016, according to the citizen’s application, the Antimonopoly Committee of Ukraine started the proceedings on the grounds of committing the law violation on protection against unfair competition by TOV COMPANY UKRSINTEZ (Kharkiv).
The company indicated on the face of the drugstore label “DRUGSTORE-STORAGE”.
As the Kharkiv regional department of the AMCU found, TOV COMPANY UKRSINTEZ carries out retail sale of pharmaceutical products in specialized stores.
So, the indication on the face of the drugstore of label “DRUGSTORE-STORAGE by TOV COMPANY UKRSINTEZ is the dissemination of the misleading information, because of the chosen method of its presentation. After reading the label on the face of the drugstore, the customer may misunderstand it and think that the drugstore realize wholesale trade at the prices, which are lower than retail prices, so it can catch the interest of potential customers to purchase goods if not elsewhere in TOV COMPANY UKRSINTEZ.
Taking into account that TOV COMPANY UKRSINTEZ accomplished the compulsory recommendations provided by the Administrative Body of the Kharkiv regional department of the Anti-monopoly Committee of Ukraine on 07/04/2016, the absence of the information that could prove that the actions of TOV COMPANY UKRSINTEZ led to meaningful constraints or distortion of the competition or caused major damage to the individuals or society, and the appropriate measures for remedy of the violation aftereffects were taken, the proceeding on the law violation on protection against unfair competition was closed by the regional department on 01/11/2016.
With that, note that the courts support the findings of the AMCU for the information about “DRUGSTORE-STORAGE”.
Thus, by the courts in one of the cases was found that in order to state that a pharmacy institution is a “drugstore-storage” it must constantly carry out retail sale of medicines at wholesale prices. Otherwise, information “drugstore-storage” is inaccurate.
The dissemination of the label “Drugstore storage low prices” (at the time, when this pharmaceutical institution engaged in retail trade of drugs, it is not a drugstore storage) is the violation through the misleading information of legislation on protection against the unfair competition, which is provided by the article 151 of the Law of Ukraine “On protection against the unfair competition”.