Appealing decisions of the Antimonopoly Committee

When can you appeal the decision of the Antimonopoly Committee?

There are often cases when clients contact us to appeal a decision of the AMC of Ukraine, because, in their opinion, it is unfounded and illegal. Understanding the procedure for such an appeal, the appropriate deadlines and rules is the most important condition for successful defense in such situations.

Lawyers “Prikhodko & Partners” emphasize that decisions of the AMC of Ukraine can be appealed in cases where they: violate the rights and legitimate interests of business entities, individuals; contradict current legislation or were adopted in violation of procedural norms; were adopted in excess of authority or contain unfounded conclusions on the case.

The right to appeal the above decisions is, firstly, held by companies, organizations and other economic entities in respect of which a relevant decision has been made (for example, on violation of the rules of economic competition); secondly, by individuals (consumers) if the decision has in some way affected their economic rights and does not take into account their interests in a specific case; thirdly, by state authorities and local governments if the case concerns their interests.

The Antimonopoly Committee may impose significant fines, restrict economic activity, access to the market, conclusion of contracts, and cause reputational losses (in some cases). Therefore, appealing decisions of the Antimonopoly Committee of Ukraine is an important legal tool for protecting businesses and consumers, which will help to avoid unwanted losses and legal consequences.

Consultation with a specialized lawyer

What is the deadline for appealing the decision of the Antimonopoly Committee?

Depending on the nature of the decision of the Antimonopoly Committee, the deadlines are determined by the relevant regulatory legal acts, in particular the Law of Ukraine “On Protection of Economic Competition” and the Code of Administrative Procedure. The general deadlines for appeal are as follows:

• two months from the date of receipt of the decision provided for in Articles 36 and 48 of the Law (for example, on recognition of a violation of the legislation on the protection of economic competition, imposition of a fine, blocking of securities, etc.) – in the order of commercial proceedings;
• one month from the date of adoption of the decision of the AMC of Ukraine – in the order of administrative proceedings.

The lawyers of “Prikhodko & Partners” emphasize that it is important to adhere to the specified deadlines, as missing them deprives the decision of judicial review and the loss of the opportunity to protect the violated rights and legitimate interests of citizens and companies. You can learn more about compliance with the appeal timeframe by consulting our specialized lawyer.

What is the procedure for appealing a decision of the Antimonopoly Committee?

Appealing decisions of the Antimonopoly Committee involves going to court. In particular, to successfully prepare for consideration of the case in a court of general jurisdiction, it is necessary to:

• first, prepare a high-quality statement of claim, indicating the essence of the violation, citing the relevant regulatory provisions of the laws that were violated, indicating whether pre-trial dispute resolution means were used (if this is mandatory in accordance with current national legislation), etc.;
• second, form a list of mandatory annexes to the statement of claim, which will include the preparation of scanned copies (duly certified) of the decision of the Antimonopoly Committee, the evidence base, as well as a receipt for payment of the court fee, confirmation of sending copies of the statement and documents to it to other parties to the case;
• third, the lawyers of “Prikhodko & Partners” also recommend, if possible, initiating an examination of the tender documentation (if appropriate), since the involvement of an expert opinion can strengthen the evidence base as a whole.

Finally, to increase your chances of success in court and properly protect your violated rights, we also recommend seeking legal assistance from proven and experienced professionals.

Support in appealing the decision of the Antimonopoly Committee by the lawyer “Prikhodko & Partners”

The lawyers of our law firm have significant experience in the field of tenders and public procurement and have successfully appealed the decisions of the AMC of Ukraine in courts of various instances. We approach the resolution of each client’s request individually, taking into account all the specifics of the situation. In the course of our work, our specialists also use a comprehensive approach to providing legal support, which includes:

1. detailed study of the decision for its legality and validity;
2. identification of errors, inaccuracies and violations of the procedure that may become grounds for appeal;
3. assessment of the prospects of an appeal depending on the specific situation;
4. preparation of documents for an appeal (drafting a statement of claim taking into account the requirements of legislation and practice);
5. collection of necessary evidence, documents and other materials for consideration of the case;
6. representation of the client’s interests in court.

Cost of legal support

Thus, the decision of the Antimonopoly Committee of Ukraine can be appealed in cases where it violates the rights and legitimate interests of business entities, contradicts current legislation, or was adopted in violation of procedural norms. The appeal involves filing a claim with the court, the preparation of which also requires the formation of a list of mandatory annexes, and the initiation of an examination (if possible).

To successfully appeal the decision of the AMC of Ukraine and protect your rights, we recommend that you seek legal assistance from the specialists of “Prikhodko & Partners”. To find out the price of a lawyer’s services, fill out the form below.