Business news from Ukraine

AMCU fined Tairovo Wines almost UAH 1 mln for using Prosecco trademark

The Antimonopoly Committee of Ukraine (AMCU) has fined Tairove Vineri LLC for the unlawful use of the Prosecco designation, which was previously used by members of the Consortium for the Protection of the Name of a Controlled Enterprise Consortium for the Protection of the Name of a Controlled Enterprise (Italy).

“The Committee initiated the case at the request of the Consortium for the Protection of the Name of the Controlled Enterprise Prosecco, whose members export wine products under this designation to the territory of Ukraine,” the agency said in a statement.

According to the report, Tairovo Winery LLC began using the Prosecco designation in labeling its own wine products later than the Consortium members and without obtaining their consent.

According to the AMCU, such actions could lead to confusion of Tairovo Vaineri LLC’s activities with those of the Italian consortium members and provide unfair competitive advantages by using the business reputation of such members. This is evidenced by the results of a consumer survey conducted by the AMCU.

The Committee considered the actions of Tairo Vaineri LLC as a violation of Article 4 of the Law “On Protection against Unfair Competition” and fined it UAH 946,909.

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Antimonopoly Committee of Ukraine has fined Zdorovye Pharmaceutical Company LLC (Kharkiv)

The Antimonopoly Committee of Ukraine (AMCU) has fined Zdorovye Pharmaceutical Company (Kharkiv) for unlawful use of the packaging design of the drug Panthenol Plus, which is similar to the packaging design of the drug Bepanten Plus used by Bayer LLC.

According to the AMCU, the pharmaceutical company “Zdorovye” was fined UAH 719.348 thousand.

According to Bayer, the design of the package of the drug Panthenol Plus is similar to the design of the package of Bepanten Plus to the extent of mixing, and Bayer did not grant permission to use a similar design of the package of Bepanten Plus.

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AMCU allows MasterCard and Visa to reduce interchange rate to 0.7%

The Antimonopoly Committee of Ukraine has granted permission to MasterCard Europe S.A. and Visa International Service Association to reduce the amount of domestic interchange fees (interchange rate) paid by an acquirer to an issuer in Ukraine from 0.9% to 0.7% for the period of war.

“The planned changes in concerted actions are aimed at establishing an effective and balanced ceiling on interchange rates, taking into account the interests of all market participants under martial law,” the AMC commented on its decision of 5 October.

The Committee expects that these changes will allow retail chains to maintain the current price level for consumers, as well as contribute to the development of small and medium-sized entrepreneurs and the overall economic development of Ukraine.

The agency clarified that the 0.7% rate will be effective “not earlier than the next business day after 14 calendar days after the date of receipt of the Committee’s authorization until the next business day after 30 calendar days from the date of termination or cancellation of martial law.”

It is noted that after this period, MasterCard and Visa will return to the 0.9% rate agreed with the AMCU before the war.

“The introduction of a further reduction in the interbank commission is an attempt by government agencies and other industry representatives to respond to a request for assistance to retailers who have suffered significant economic losses caused by the war,” the AMCU said.

As reported, a memorandum signed in May 2021 between MasterCard, Visa and the NBU provided for the interchange rate to be set at 1.2% from July 1, 2021, and its gradual reduction, in particular from July 1, 2023, from 1% to 0.9%.

However, during the war, the rate was first reset to zero and then gradually increased to 0.7%. The decision of Visa and MasterCard to return it to 0.9% on July 1 this year was sharply criticized by retailers. The largest banks in the market – PrivatBank, Oschadbank and Raiffeisen Bank – for their part, kept acquiring rates for their clients unchanged (approximately 1.3-1.5%), but called on MasterCard and Visa to support this initiative and cancel the interchange rate increase from July 1, 2023 to 0.9%.

However, Oschadbank noted that “if payment systems do not reduce the interchange rate within one to two months, the bank will reconsider its decision.”

According to the NBU, the share of payment terminals of PrivatBank, Oschadbank and Raiffeisen Bank at the beginning of the year was 60.4%, 19.6% and 7.6%, respectively.

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Antimonopoly Committee of Ukraine has fined three companies UAH 14.3 mln for collusion in sale of Ukrspirt property

The Antimonopoly Committee of Ukraine (AMCU) has found Ukrspetspostavka LLC, Finance-Service Plus LLC and Glermont Trade LLC guilty of anticompetitive actions that distorted the results of the auction for the privatization of distilleries and fined them UAH 14.39 million.

According to the Committee’s press service, the auction was for the sale of certain property of the Zalozetsky alcohol production and storage site of the State Enterprise Ukrspyrt, which was conducted by the regional department of the State Property Fund of Ukraine in Ivano-Frankivsk, Chernivtsi and Ternopil regions. The amount of the contract concluded as a result of the auction was UAH 96.012 million (including VAT).

“During the investigation of the case, the Committee identified circumstances that, taken together, indicated that the above-mentioned business entities had committed concerted actions aimed at eliminating competition between them during the auction. In particular, this refers to such evidence as the defendants’ joint business activities, communication between them, exchange of information, etc.”, the AMCU explained.

The defendants were fined UAH 14,390,798 for the violation provided for in clause 4, part 2, article 6 and clause 1, article 50 of the Law “On Protection of Economic Competition” (anticompetitive concerted actions related to the distortion of auction results), as well as for collusion at the auction for the sale of state property.

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AMCU has authorized Zhytomyr Furniture Combine to buy Kiev’s Hermitage Hotel

The Antimonopoly Committee of Ukraine (AMCU) has allowed businessman Vadym Hryhoriev’s Zhytomyr Furniture Plant to buy real estate in Kiev, which was sold by the State Property Fund (SPF).
The corresponding decision of the AMCU approved July 6, reported on the website of the agency.
Earlier, Zhytomyr Furniture Works won the FGI auction on privatization of the historic building of the former Hermitage Hotel in Kiev on May 25. As reported by the FGI in June, the investor paid UAH 373 million to the state budget for the acquired asset.
The winner of the auction is obliged to apply to the relevant cultural heritage authority and conclude a protection agreement within a month after the registration of ownership of the privatization object.
Experts interviewed by Interfax-Ukraine estimated the necessary initial investments in the restoration of the buildings of the Hermitage Hotel at EUR8-10 mln.
The buildings were erected in 1902-1904 according to the project of Kiev architect Andrei Ferdinand Krauss – the author of many buildings constructed in the capital at that time. The house was one of the best hotels in the city “Hermitage”. The owner of the house was a millionaire and brick manufacturer Jacob Bernard. The end wall in the 1960s was decorated with a mosaic panel “Ukrainian Song” by Stepan Kirichenko.
These buildings have a protected status. In 1998 they were included in the list of historical and cultural monuments of local importance by the order of Kyiv City State Administration.
According to Opendatabot data, Zhytomyr Furniture Factory PJSC (ZhMK JSC), registered in 2003, authorized capital is UAH 4.9 mln. The ultimate beneficiary is Vadym Grigoriev.
At the end of 2021, the FGVFL sold the main office of VTB Bank, located at the intersection of Pushkinskaya Street and T. Shevchenko Boulevard in the center of Kiev, to Diprobudmashina PJSC of businessman Vadym Grigoriev for UAH 294.3 million at the auction “Prozorro.Sales”.
Previously, Grigoriev has already acquired part of VTB Bank’s assets: business center “Incom” for UAH 390 million and office center (6, Vatslav Havel Blvd., Kiev) for UAH 351 million, as well as Kiev business center “Renaissance” from Alfa Bank.
Grigoriev is also the owner of Merx Group after buying out Valeriy Khoroshkovskyy’s stake in 2004.

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AMCU fined Khladoprom UAH 1.37 mln for untruthful information on packaging

The Kyiv Economic Court found Khladoprom Ice Cream Factory LLC guilty of distribution of untruthful information about the composition of its product and fined it UAH 1.37 million. The court rejected its claim to cancel the decision of the Antimonopoly Committee (AMCU) that the company violated the legislative requirements for product labeling.
As reported on AMCU’s website on Monday, while considering case #470-r dated December 30, 2022, the AMCU discovered that FM Khladoprom LLC, which produces more than 27 kinds of ice cream, in particular under the names Khreshchatyk, Kashtan, Khladik, Artek, Voloshkovoye Pole and others, had included information on the content of cow’s milk in its ice cream packaging.
The regulator found that in September and November 2020, the company did not purchase cow’s milk and therefore did not use it in making the ice cream “plombier,” but replaced it with skim milk powder.
“Drinking cow’s milk and powdered milk are not identical components, because these raw materials are produced under different technical conditions. Accordingly, the information distributed by the manufacturer on the composition of his product is false, whereas, according to the legislation, the labeling of all products should indicate only the ingredients that were actually used in their manufacture”, reminded the AMCU.
He pointed out that the placement of information on the packaging of ice cream that it contained drinking cow’s milk, which was not used by the company during the production in September and November 2020, was misleading for consumers.
Khladoprom Ice Cream Factory LLC tried to appeal against the regulator’s decision in court, but on 22 June 2023 the Kyiv Court of Justice dismissed the claim and upheld the AMCU’s decision, finding the company in breach of unfair competition legislation and imposing a UAH 1.37 million fine.

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