GOVERNMENT ESTABLISHEMENT MELITOPOL ZAVOD HIDROMASH WAS FINED 108 THS. HRYVNAS FOR THE REPORTING OF INCOMPLETE INFORMATION TO THE AMCU

In order to comprehensively, completely and objectively clarify the actual circumstances of the application of TOV Arsenal-2 (Melitopol) about the unfair competition of the government establishment Melitopol zavod Hidromash (Melitopol) under Article 8 of the Law of Ukraine “On protection against the unfair competition” in the form of entity’s discredit, and under Article 11 of the Law of Ukraine “On protection against the unfair competition” in the form of the declination of supplier to discriminate buyer (customer), DP MZ Hidromash was sent the request to provide the information, which offered within 2 calendar days after receipt of the request to provide information to the Committee of points 1-3 of the request, and within 14 calendar days of receipt of the request to provide information to the Committee and duly certified copies of the documents in accordance with points 4 – 23 of the request.

The information and the documents required in points 1-3 of the request were submitted within the specified time limits.

However, the information and the documents required in points 4-23 of the request, DP MZ Hidromash didn’t submit to the Committee within the time limit.

According to paragraph 14 of Article 50 of the Law of Ukraine “On protection against the unfair competition” incomplete data submission to the Anti-monopoly Committee of Ukraine, its regional department in specified by the bodies of the Anti-monopoly Committee of Ukraine, head of the regional department or statutory and regulatory enactments time limits is the violation of the legislation on protection of the economic competition.

By the decision from 13/12/2016 the AMCU recognized the actions of DP MZ Hidromash in the form of incomplete data submission of point s 4-23 of the request of the Committee’s Authorized Government official in specified by him term as the violation of the legislation on protection of the economic competition.

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.

The fine for DP MZ Hidromash amounted to almost 1% of entity’s income (revenue) from sales of products (goods, services, works) in 2015 – 108,000 hryvnas.

The anti-monopoly legislation provides the compulsory compliance of the request from the bodies 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.

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