Thursday, February 11, 2016

Auchan defeats Ukraine's anti-trust agency in cartel case

Director of the Ukrainian Association of Retail Chains Suppliers Oleksiy Doroshenko announces that French international retail group Auchan (Ukrainian branch) has defeated the Antimonopoly Committee of Ukraine (AMCU) in court when challenging the AMCU's fine for the violation by large retail chains of competition laws.

"Several retailers have filed a claim at Kyiv's Economic Court to challenge the AMCU's conclusions regarding their involvement in concerted actions (cartel agreement), imposition of the fine and the need to stop violations of laws on the protection of economic competition," Doroshenko wrote on Facebook.

"And only Auchan Ukraine has managed to fully win the case," he added.


It is reported that the Economic Court of Kyiv rejected claims filed by Billa-Ukraine, Fozzy-Food, Fora, Novus Ukraine, EKO, Furshet, ATB-Market, ACNielsen Ukraine and others. The court has yet to make a final decision in respect of METRO Cash & Carry Ukraine and Foodmarket companies.

At the same time, it was reported that the AMCU had won cases against Krai 2, Adventis and Spar Center, which ceased their business activity.

Doroshenko predicts if the anti-trust agency wins the cases in the appeals court, the budget will additionally receive UAH 100 million.

As UNIAN reported earlier, the AMCU on April 29, 2015, completed an investigation into collusion among large retail chains and fined 18 retailers to the tune of UAH 203.6 billion in the framework of a case regarding the breach of the competition protection legislation. The case was opened in 2012. The AMCU fined the Ukrainian branch of French retailer Auchan UAH 9.4 million.


In its decision, the AMCU demanded that Auchan and other retailers should stop violating the competition protection legislation within two months from the date of receipt of the relevant decision by bringing their activities on collection and dissemination of information in line with the legislation requirements. In addition, the AMCU ordered that contractual relationships with suppliers and manufacturers of goods and pricing methods should be brought into compliance with laws.

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