Antimonopoly Committee Checks

Among the many inspection bodies there is such as the Antimonopoly Committee of Ukraine (hereinafter referred to as the AMCU). Perhaps he is not well known and not everyone has come across this type of inspection body, but he also has broad powers.
With regard to possible fines and sanctions as a result of the inspection, they are not so harmless compared to other reviewers.
Let's try to figure out what kind of a controlling body.

Who does the AMCU check?
If you think that you’ve been tested, there may be only some companies in certain areas of your business, this isn’t true. The AMCU can check any subjects of economic relations, regardless of the legal form of the enterprise and the form of ownership of the company.

What does the AMCU check?
Verification is subject to compliance with the requirements of the law on the protection of economic competition, including legislation on protection against unfair competition.
Depending on the format of verification, AMCU has the right to request the company (its representatives) documentation, explanations (in written or oral form), other information regarding the format of the verification, which is necessary for the implementation of the AMCU of its tasks, including:

  • • Information about the organizational structure of the company, including the names of middle managers, their positions, and contact details.
  • • Minutes of the general meetings of the founders (participants, shareholders), the directorate, the supervisory board of the company.
  • • Incoming and outgoing correspondence, materials of internal document circulation of the company's divisions.
  • • Orders, orders, the head of the company.
  • • Lists of enterprises, institutions, organizations, both in Ukraine and abroad, in which the company owns corporate rights.
  • • Lists of all companies that are established by the audited company in order to supply or market goods (works, services).
  • • List of founders (owners) of the company.
  • • Information about the main areas of the company’s activities, including information on the volumes of products manufactured and sold (works, services) with their share in the product market, in addition, information on the same products for the previous two years.
  • • Information about the cost of products (works, services) produced and their sales value.
  • • Accounting and financial reporting documentation.
  • • Contracts concluded by a company with counterparties that are suppliers or direct consumers of products (works, services), including foreign trade.
  • • Agreements on concerted actions.
  • • Joint work, research, development and design work and development agreements.
  • • The list of consumers of the company's products by type, with information on their location, information on the volume and range of products supplied at the time of the check + for the two previous years.
  • • Information about suppliers of components, raw materials, materials and delivery volumes from each supplier.
  • • Regulations, GOSTs, specifications, etc. that regulate the activities of the company being inspected.
  • • Any other fact data that provides an opportunity to establish the presence or absence of misconduct in a company's actions.

What is the fact of the inspection authorized to carry out the AMCU?
In exercising its authority, as well as the tasks entrusted to the body of officials, the AMCU has the right:
- to make orders and decisions on cases of qualification actions in accordance with the legislation on the protection of economic competition;
to check and revise these decisions;
to make submissions (which are mandatory for consideration) to the state and local authorities on revoking licenses, terminating operations related to external economy ohmic activity of the company, if they commit the relevant misconduct;
to provide recommendations to the authorities and local governments, enterprises, institutions, organizations on the termination of actions (inaction), which contain signs of misconduct in the field of legislation on the protection of economic competition, as well as the reasons for the occurrence of these offenses;
- to impose fines for violating the relevant law;
- to inform the relevant state authorities Acts of violation of the law, which is not within the competence of the AMCU, including sending misdemeanor materials to law enforcement agencies containing signs of a crime;
- make a decision about official denial at the expense of the violator of information that is not true to them;
- withdraw written and physical evidence, including documents, objects, other information carriers that can serve as evidence in a misdemeanor case in the relevant law.

Also, AMCU employees are entitled to draw up protocols on administrative offenses, for a number of misdemeanors, in accordance with the provisions of the Administrative Code of Ukraine.

How does the verification of the AMCU end?
In fact, after an inspection is carried out, the inspection committee draws up an inspection report in the prescribed form. It should be compiled in two copies.
The inspection report should contain the following data:
about business transactions and documents that were checked, indicating the inspection period and the method of verification (full or random inspection);
- the results of the audit on all issues listed in the audit plan;
- assessment of the company's functioning in terms of compliance with the law, presence or absence of misconduct in carrying out its production or trading activities;
- proposals for initiating a lawsuit case mortar in the field of economic competition protection legislation.
Usually inspection report signed by the chairman of the committee and its members, the head of the company and, if necessary, and other responsible persons of the company.

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