REQUIREMENTS OF THE AMCU ARE COMPULSORY. COMPANY SEVERSTAL IS FINED 67 THS. HRYVNAS FOR FAILURE TO PROVIDE THE INFORMATION TO THE AMCU
In order to comprehensively, completely and objectively clarify the actual circumstances of the case № 127-26.4/45-16, which is considered by the AMCU on the grounds of committing by TOV Severstal (Kyiv) the violation under the Article 4 of the Law of Ukraine “On protection against the unfair competition”, the Authorized Government official of the AMCU sent the request for the information to TOV Severstal (claim 1). TOV Severstal didn’t provide the response within specified term.
In order to clarify the actual circumstances of the case, TOV Severstal was sent claim 2 for reporting the information. Again, TOV Severstal didn’t provide the response within specified term.
Both requirements of the AMCU were received by the authorized for receiving the mail person of TOV Severstal.
How does the AMCU confirm the proper delivery of the requirements for the information?
The Ukrainian state enterprise of postal communication “Ukrposhta” has provided a copy of the contract of 25/12/2015 № 03115 (signed with TOV Severstal) and a copy of the excerpt from the book for recording the recommendation letters and messages f.8, which confirmed that a registered letter ( claims 1 and 2) handed to the authorized for receiving the mail person of TOV Severstal under the signature.
As to the date of the decision (08/11/2016) the Anti-monopoly Committee of Ukraine hasn’t received the requested information from TOV Severstal.
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.
According to the section 14 of the Article 50 of the Law of Ukraine “On protection of the economic competition” providing of information in incomplete volume to the Committee in established by the Committee’s body terms is a violation of legislation on protection of the economic competition.
By the conclusion from 08/11/16, the AMCU recognized the action of TOV Severstal in the form of hiding the information from the Antimonopoly Committee of Ukraine at the request of the Authorized Government official of the Antimonopoly Committee of Ukraine in accordance with its term as a violation of the law on protection of the economic competition. The fine amounted to 67,980 hryvnas.
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.