INTEGRITES protected the interests of SE Starokostiantynivskyy milk plant in the court of the first instance in a dispute against the Antimonopoly Committee of Ukraine (the AMCU). The dispute arose due to the appeal of the AMCU's decision to impose the largest fine in its history (UAH 84 mln or app. USD 3 mln) in the field of protection against unfair competition on the firm’s client.
INTEGRITES developed the defense strategy, collected evidence and successfully presented the client in the court of the first instance on 28 September 2021. Ultimately, the court ruled to cancel the decision of the AMCU.
“The case is unprecedented in two aspects. The first one concerns the so far biggest fine imposed for the allegedly unfair competition practices. The second raises the issue of the decision-making process at the AMCU: in this case the decision had been made based on the materials provided by the State Food Safety and Consumer Service of Ukraine upon request. As legal advisers, we advocate for higher standards of proof to be practiced by the AMCU in cases that fall under Article 15-1 on misleading the consumer”, says Serhiy Shershun, Partner and Head of Antitrust & Competition practice at INTEGRITES.
Led by Serhiy Shershun, the team working on the case includes Senior Associate Mykola Boychuk and Associate Tetyana Lavrenchuk.