Zhytomyr Lasoshchi JSC Appeals Double Recovery by the Antimonopoly Committee of Ukraine

Despite voluntarily complying with the court decision in case No. 910/18430/23 and paying a fine of UAH 2,030,125, Zhytomyr Lasoshchi JSC once again became a defendant in a lawsuit brought by the Antimonopoly Committee of Ukraine (AMCU), this time concerning the recovery of a penalty. The background was case No. 126-26.13/75-20, considered by the AMCU on alleged abuse of a monopoly (dominant) position in the nationwide primary market for corn starch molasses and glucose syrups. The case involved Interstarch Ukraine LLC, Dnipro Starch and Syrup Plant PJSC and Intercorn Corn Processing Industry PJSC. On October 6, Zhytomyr Lasoshchi JSC also paid a penalty of UAH 2,014,477.50 and a court fee of UAH 24,173.73. According to Albina Naumova, lawyer for Zhytomyr Lasoshchi, the Committee’s decision is unfounded: “Both amounts exceeding two million hryvnias, imposed by the AMCU for failure to provide information concerning other legal entities, are absurd. The key point is that the fine of UAH 2,030,125 was paid voluntarily — even before the full text of the appellate court’s decision was published. Therefore, the accrual of a penalty has no legal basis and effectively amounts to double recovery.” “An unfair situation has arisen. Under martial law, the enterprise continues to operate steadily, provides jobs for residents of the Zhytomyr region, pays taxes and supports the Armed Forces of Ukraine. We voluntarily complied with the court decision, and the penalty came as a surprise,” adds company lawyer Olha Chetvertukha. The joint-stock company is currently preparing a cassation appeal to the Supreme Court seeking the return of the UAH 2,014,477.50 penalty so that these funds can be directed toward production development.