Appealing the decision of AMCU on public procurement

Public procurement in Ukraine is an important tool for regulating economic relations and ensuring competition in the market. But sometimes the decisions of the Antimonopoly Committee of Ukraine (AMCU) regarding public procurement can be contradictory or unfair. In such cases, procurement subjects have the right to appeal these decisions.

The procedure for appealing the decision of the AMCU on public procurement

• Analysis of violations

In the complaint, it is necessary to indicate the violations committed by the AMCU during the consideration of the case, for example, unlawful restriction of competition or violation of the procedures of the legislation on public procurement, insufficient investigation of the circumstances, etc.

• Presentation of evidence

For a successful appeal, evidence of violations must be presented, including documents, testimony, and expert opinions.

• Preparation of a lawsuit to the court

The procurement entity, which is not satisfied with the decision of AMCU, has the right to file an administrative lawsuit with the administrative court of Ukraine.

• Participation in the court session

The parties have the right to participate in the court session and present their own arguments and evidence.

Arguments when appealing decisions of AMCU on public procurement

• Insufficient analysis

The procurement entity may claim that the AMCU did not take into account all the circumstances of the case or did not conduct a sufficient analysis of the evidence.

• Violation of procedures

If the proceedings of the case or the decision-making process itself were violated, this may be grounds for appeal.

• The injustice of the decision

If the decision of the AMCU contradicts the principles of competition or violates the legislation on public procurement, this can be used as an argument during an appeal.

• Economic consequences

The subject can argue that the decision of the AMCU has negative economic consequences for him or for the market in general.

Appealing the decisions of the AMCU is an important mechanism for protecting the rights of procurement subjects and ensuring compliance with the principles of competition. In accordance with the legislation of Ukraine, procurement subjects have the right to a fair and objective consideration of their cases, and appeals against the decisions of the AMCU give them the opportunity to use these rights if necessary.

The assistance of lawyers from Prykhodko and partners in this procedure plays a key role in ensuring a successful appeal of AMCU decisions.

A team of qualified lawyers can provide the procurement subject with professional support at every stage of the process, starting from the analysis of the decision and the preparation of the lawsuit and ending with the presentation of arguments at the court hearing.

Our knowledge of legislation and practice in the field of public procurement will help protect the client’s interests as effectively as possible and achieve the desired result in appealing the decision.