THE REQUIREMENT TO STOP THE VIOLATION IN THE FORM OF FAILURE TO PROVIDE THE UNFORMATIONTO THE AMCU WAS SUPPORTED BY THE SUPERIOR ECONOMIC COURT

In the course of monitoring the compliance with the legislation on protection against the unfair competition during placing of advertising in print media, the Chenivtsi regional department of the AMCU sent a request to individual entrepreneurs.

In five days from the date of receipt of the request the company had to provide certain information and properly certified copies of the documents as follows: “1. Do you cooperate with companies CORSA and ALYUTEH. 2. In the case of affirmative answer to the first question provide documentary evidence of your cooperation, namely, letter of attorney, regulations, and other legal documents. 3. The list of profiles that are used by you during the manufacture and implementation of windows. Provide documentation of the origin of these profiles (invoices, certificates). 4. Confirming documentation on collaboration with company profiles RENAU. 5. Explanations of the inscriptions “Professional installation in accordance with European standards” and “100% German quality”. 6. Other information, wich in your opinion deserves attention.”

However, in due time the Entrepreneur didn’t provide the response, but sent a letter with the following content: “In your letter I inform that I, by the virtue of the Article 63 of the Constitution of Ukraine, refuse to give information, explanations and documents referred in your letter”.

By the decision on 29/12/2015 the Chenivtsi regional department of the Antimonopoly Committee of Ukraine recognized the actions of the Entrepreneur, which involve the failure to provide the information on the request of the head of the regional department of the AMCU in the defined by him time, as the violation of the legislation on the protection of the economic competition provided by the section 13 of the Law of Ukraine “On protection of the economic competition” in the form of the failure to provide the information on the request of the department in the defined time. For the committing of the stated violation the Entrepreneur was fined 8,372 hryvnas.

In addition, the regional department obliged the Entrepreneur to stop the violation by responding to the request of the head of the department in the period up to 01/31/2016.

The courts upheld the decision of the regional department of the AMCU, that the department of the AMCU within the powers granted to him had the right to require the relevant information necessary for monitoring the compilance with the legislation on protection against the unfair competition in advertising in the print media and the Entrepreneur, in its turn, was obliged to provide such information in the defined time.

The provisions of the Article 63 of the Constitution of Ukraine, on which the Entrepreneur relied without giving the response to the AMCU, cannot be applied to legal disputes, as in this case it is not about bringing the plaintiff to the responsibility for the rejection to provide as relevant evidence or explanation as the individual.

The Entrepreneur is the entity, so he is subject to the Law of Ukraine “On protection of the economic competition”, therefore the head of the department of the AMCU within the powers granted to him had the right to require the relevant information necessary for monitoring the compilance with the legislation on protection against the unfair competition in advertising in the print media, and thus the plaintiff’s refusal to provide information is illegal, as the required information – is not stories or explanations about themselves, family members or close relatives, the circle of which is determined by law.

On 15/11/2016 the Superior Economic Court of Ukraine left the cassation complaint of the Entrepreneur without settlement, and the decision of the regional department of the AMCU unchanged.

! The requirements of the body of the Antimonopoly Committee of Ukraine, the head of the regional department of the Anti-monopoly Committee of Ukraine, the requirements of the authorized by them officials of the Anti-monopoly Committee of Ukraine, of the regional department within the powers granted to it are compulsory for compilance.

 

 

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