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You're reading: Multinationals find themselves increasingly cornered by regulators

Practices that are caught by the law

Thus, the business community is advised to take a proactive approach both in ensuring that their advertising campaigns contain accurate information as to the features of their goods and/or services as well as that their product labels do not conceal certain facts that can mislead the general public. The AMC has shown itself to be more than willing to conduct full-blown investigations, with technically all industries capable of being put under the microscope. Those that are subject to particular scrutiny include pharmaceuticals, financial services as well as the food and beverage industry. Indeed, the pharmaceutical sector is being tightly monitored, with many companies having to answer to burdensome questionnaires and informational requests.

Although their marketing campaigns seem to fully comply with advertising rules, companies face a serious risk of infringing the Ukrainian unfair competition laws. The AMC is particularly wary of statements such as “the best”, “the most”, “the oldest”, “the most effective”, “no GMO” etc. Unless backed by supporting evidence, they would almost certainly be contrary to applicable laws. The regulators take the view that all information concerning the true origin of products, method of production, source, quality, suitability for use, standards, specifications, must be clearly indicated on packages and product labels. The idea is to prevent practices which may lure customers into purchasing certain goods or services that they potentially otherwise would not. The AMC has even been successful in uncovering instances where multinationals have formulated their discount policies and other essential conditions in a very opaque manner, or even completely omitted them, so as to attract new customers. In an increasingly competitive environment, it is often the case that competitors implicate one another before the regulators.

The AMC’s modus operandi

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