According to the AMCU, they have become aware that recently unknown persons have been sending so-called “questionnaires” to the e-mail accounts of pharmaceutical market participants and their representatives. The letters contain a number of questions about the functioning of the market and assessment of the actions of its participants and, as noted in the mailing, are aimed at “conducting an impartial and independent survey on possible anticompetitive, concerted actions” on the said market.
Taking into account that one address for feedback includes the Committee’s e-mail, we would like to emphasize that AMCU has nothing to do with this mailing and in general does not conduct the survey in this format.
Now the Committee conducts several studies in the pharmaceutical market. But the form and procedure for requesting the necessary information is carried out exclusively in accordance with the requirements of the Law of Ukraine “On Antimonopoly Committee of Ukraine”.
In particular, the bodies of the Committee are authorized to request information, including information with restricted access, from business entities in cases provided for by law. The Committee exercises this right, in particular, by sending a request.
A properly drafted request for information from a Committee body shall contain:
– references to the relevant provisions of the legislation on the protection of economic competition, which authorize the relevant body of the Committee to request the provision of such information;
– specific (factual) grounds (reasons) for which such information is required, indicating the number and date of the relevant documentary basis;
– requirements shall be sent to the legal address of the subject or its authorized representative;
– requirements contain the signature of the State Authorizing Committee;
– and shall be printed on the official letterhead of the Committee body.
Also, in individual cases the Committee may conduct a survey of legal entities and individuals (e.g., consumer survey or market test), but notices of such surveys are always published on the official website of AMCU.
