UNFAIR COMPETITION OF THE DISTRIBUTOR OF “WARM” WINDOWS IN KHMELNYTSKYI OBLAST
On 11/11/2016, the Administrative Body of Khmelnitskyi regional department of the Antimonopoly Committee of Ukraine recognized the actions of individual entrepreneur Buyanov Roman Sergeiovych as unfair competition.
The regional department detected in one of the regional newspapers ads with the following content: “The government compensates 30% for our windows. To orders warm windows, please contact …”.
As Khmelnytskyi regional department of the AMCU found, the announcement was published on the terms of the State energy efficiency program using loans of the bank “Oschadbank” under the program “Efficient House”.
Thus, according to the terms of the program, the consumer must get credit for products that entity implements in one of three banks, particularly in the “Oschadbank”, “Ukreximbank” and “Ukrgasbank”, and for the third month of the loan program the government pay 30% of the principal of the credit.
However! according to the terms of lending, the consumer is obliged to pay 25% per annum on the principal of the loan, and 3% one-time fee for credit, which lead to increasing of consumer’s expenses and consequently compensation of the expenses incurred by the consumer will be less than 30%.
Besides, the consumers, who want to buy windows for their own money without a loan, cannot get the compensation.
Given the above, the regional department found that the information in the advertisement is incomplete.
Due to the fact that advertising stimulates consumer’s interest to goods (services), dissemination of the misleading information may put the entrepreneur in a more advantageous position and give him undue advantage over other entities that also operate at the market of reinforced-plastic designs realization.
Subsequent to the results of the investigation, the action of individual entrepreneur Buyanov Roman Sergeiovych, which involved the dissemination of the incomplete information in the advertisement, were found as a violation of legislation on protection of the economic competition provided by the Article 151 of the Law of Ukraine “On protection of the economic competition” in the form of the dissemination of the misleading information.
The fine amounted to 2,419 hryvnas.
The person, on which the fine is imposed by the decision of the Antimonopoly Committee of Ukraine, pays it within two months after receiving the decision on the imposition of the fine.