MEET THE REQUIREMENTS OF THE AMCU BODIES OR HOW MUCH DOES THE SILENCE COST?
We more than once distinguished the obligation to report information required by the bodies of the Antimonopoly Committee of Ukraine.
The antimonopoly legislation introduced the obligation of economic operators, associations, public authorities, self-governing authorities, bodies of facility management and control, other legal bodies and its organizational departments, filiations, embassies, its administrative officials and workers, private individuals to exhibit corresponding claimed documents, materials and data, including the sensitive ones, required by the bodies of the AMCU.
The last week the Ukraine’s Higher Economic Court uphold the decision of the AMCU about the informational violation.
Thus, in relation to the infringement investigation of the legislation on the protection of the economic competition, Rivne regional branch of the AMCU sent to LLC “Kolor S.I.M.” the requirement about reporting of information.
Instead of the provided response and required documents, LLC “Kolor S.I.M.” informed the Rivne branch of the AMCU that the requirement about reporting of information doesn’t correspond to the legislation and the latter doesn’t have the applicable legal foundation for receiving the requested information.
The regional branch sent the requirement about reporting of information of necessary volume repeatedly, but it didn’t receive a response.
As stated the local, appeal and cassation courts, Rivne branch of the AMCU had a right to claim the corresponding information from the company within its granted power and authority.
Establishing the claim, LLC “Kolor S.I.M.” admitted that the information on initiation of proceedings was missing in the received letter of demand and there wasn’t admonished that such information is required for the consideration of applications of citizens or economic operators about the violations of their rights and the protection of economic competition. As the above-noted letter was composed in the form of suggestion about reporting of information, but not a demand, so from the company’s perspective the letter hadn’t had a binding character.
It is stated by the courts, that the legislation of Ukraine doesn’t introduce a special form and also an order of sending a response to a requirement about reporting of information. Consequently, such information can be offered in any form that is not forbidden by the law.
The requirements was sent by Rivne regional branch of the AMCU during the tenure the case over the law violation on the protect of the economic competition towards LLC “Kolor S.I.M.” was in proceedings of administrative boards and that body proceeded a necessary examination, consequently LLC “Kolor S.I.M.” was obliged to grant the requested information.
For the informational violation of the antimonopoly legislation in terms of failure to provide information to the AMCU within the established deadlines, reporting of information in partial volume, misreporting the size of penal sanctions is introduced – about 1% of the yearly income.
Taking into account that the decision about case in point was proceded by the Anti-monopoly Committee of Ukraine, the penal sanctions for LLC “Kolor S.I.M.” for the failure to provide the information requested by Rivne regional local branch of the AMCU amounted 136 000 hryvnas.
Thus, besides the fine with the size of 136 000 hryvnas, LLC “Kolor S.I.M.” will have to pay the legal fee.
So! Requirement of the body of the Antimonopoly Committee of Ukraine, chairman of the regional branch of the Antimonopoly Committee of Ukraine, requirements of authorized by them workers of the Antimonopoly Committee of Ukraine, its regional branch within its competence are compulsory for running in defined by them deadlines.