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Checks Antimonopoly Committee. Sanctions

So, according to your soul, the Antimonopoly Committee of Ukraine (hereinafter referred to as the AMCU) has come. Your company has allowed inspectors to verify.
Verification is complete, as a rule, certain misconduct has been identified as part of its implementation. The results of the inspection are documented.
Further, the company, as represented by its manager, is always interested in the question of responsibility for the revealed misconduct. These are mainly fines that can be divided into two main groups:

  • • Misdemeanors for which special financial sanctions are imposed under Art. 52 of the Law "On the Protection of Economic Competition" (hereinafter referred to as the Law on the ZEC) and Art. 21 of the Law "On Protection against Unfair Competition".
  • • Misdemeanors for which administrative fines are imposed on the basis of the provisions of the Administrative Code of Ukraine.

Financial sanctions.
Immediately make a reservation that the basis for calculating sanctions is:

  • • either a percentage of the company's revenue (revenue),
  • • or the size of the non-taxable minimum income of citizens (hereinafter - nm).

Sanction

Essence of misconduct

at a rate of up to 10% of the company's income as a result of the sale of products for the past calendar year that preceded the execution year;
is imposed at a rate of no more than three profit margins (which is charged as a result of the violation) - if it exists and does not exceed 10% of this income

- actions that were agreed in advance and directed against competition;
- abuse of their dominant position in the market;
- evasion of the decision of the Antimonopoly Committee of Ukraine or its implementation only in part

If there is no income or the company has not provided the information about its value to the AMCU - a fine of up to 20,000 nm

at a rate of up to 5% of the income of the company in the result of sales of products for the past calendar year, which preceded the year of execution

- the implementation by companies of activities coordinated with each other, on which the ban is imposed in accordance with Part 5 of Art. 10 of the Law on ZEK;
- an activity that intentionally limits and discriminates other companies, and is prohibited in accordance with Part 2 of Art. 18, art. 19, 20 of the Law on PEC;
- failure to comply with the requirements provided for in paragraph 2 of Part 3 of Art. 22 of the Law on PEC;
- violation of the regulations of the company's statutory documents (which were previously agreed with the AMCU), if it was created by concentration, and this entails restriction of competition;
- performing concentration without the permission of the AMCU, if it is compulsory by direct instructions of the law.

If there is no income or the company has not provided the information about its value to the AMCU - a fine of up to 10,000 nm

at a rate of up to 1% of the company's income as a result of the sale of products for the past calendar year that preceded the year of execution

- an activity that intentionally restricts other companies, prohibited in accordance with Part 1 of Art. 18 of the Law on ZEK;
- failure to provide or provide incomplete information, or with violation of the deadline;
- provision of information that does not correspond to reality;
- obstruction of the AMCU during the production of inspections;
- inclination to commit offenses;
- restriction of another company's commercial activities in response to its appeal to the AMCU.

If there is no income or the company has not provided the information about its value to the AMCU - a fine of up to 2,000 nm

at a rate of up to 5% of income as a result of the sale of the company's products for the past calendar year, which preceded the year of execution

the company performs actions that fall under the concept of unfair competition

If there is no income or the company has not provided the information about its value to the AMCU - a fine of up to 10,000 nm

Administrative penalties

Immediately make a reservation that the AMCU has no authority to bring to this type of responsibility. Their function is limited only to the remaining protocol.
The basis for calculating sanctions is the amount of non-taxable minimum incomes of citizens.


Fine

Essence of misconduct

from 30 to 44 nm with possible confiscation of both the produced goods and the means of production (manufacturing), as well as the used raw materials, materials and components

- illegal production of a similar appearance (imitation, copying), direct reproduction of a product by another company, use of its name, without obtaining rights to it in accordance with the requirements of the law

5 to 9 nm

Intentionally disseminating false or inaccurate information that could damage the property and non-property status of another company

from 9 to 18 nm

- obtaining, using, disclosing a trade secret, in order to damage the property and non-property status of another company

on executives from 700 to 1000 nm

- fulfillment of the purchase of goods at the state account without following the order established by law;
- using the established order of purchase with violation of the law at the state account;
- withholding or violating the procedure for publicizing information on the purchase of goods at the state account in compliance with the law ;
- failure to provide a report on the results of the procedure for purchasing goods;

fine on executives from 1000 to 1500 nm - for the same actions repeated during the year

fine up to 50 nm

- prohibition of the creation of new companies;
- introduction of restrictions on the implementation of certain types of activities, on the production of a number of types of goods with a view to restricting competition;
- forcing companies to join associations, concerns, and other business associations as well as to the primary conclusion of contracts, the priority delivery of goods to a certain circle of consumers;
- making decisions on the centralized distribution of goods, leading to monopolization of the market;
- a ban on the sale of goods from one reg it is in another;
- provision of certain subjects of tax and other privileges to certain subjects in a privileged position relative to other companies, leading to the monopolization of the market of a certain product;
restriction of companies ’rights regarding the purchase and sale of goods

- for executives in the amount of up to 7 nm ,
- for entrepreneurs - up to 20 nm

- failure to provide or - late provision of information to the AMCU

- for executives in the amount of up to 6 nm ,
- for entrepreneurs - up to 16 nm

- evasion of the decisions of the AMCU;
- untimely fulfillment

Want to minimize fines?
You do not know how to appeal the decisions of the Antimonopoly Committee of Ukraine on the results of the audit?

Contact our law firm!


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