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BOC contributes to protection of economic competition 

01.04.2019

Subject of complaint: Kyiv Regional Department of the Antimonopoly Committee of Ukraine (AMCU) 

Complaint in brief: An equipment supplier turned to the Council with a complaint regarding actions of the Antimonopoly Committee. The Antimonopoly Committee delayed the consideration of the company's complaint regarding violation of legislation on protection of economic competition. 

The complainant participated in the “Prozorro” tender for equipment supply for Ukrzaliznytsia. Apart from it several companies submitted bids for tender in which the Complainant noticed some nonrandom one and the same things. For example, identical product description and warranty letters texts, bank guarantees issued on the same date. There was even a document submitted by various participants, the author of which was one and the same person. Given such facts proving anti-competitive coordinated actions, the Complainant applied with a statement to the AMCU. However, the government agency dragged on its consideration and opening a case on violation of legislation on protection of economic competition. 

Actions taken: The Council's investigator examined the complaint documents and upheld the company’s position. He applied to AMCU in writing and asked to make a decision regarding the appeal of a company – to start considering the case or refuse to in accordance with the rules of consideration of applications on violation of economic competition. 
 
Result achieved: The AMCU accepted the Council’s arguments and started considering the case on anti-competitive coordinated actions related to tender results distortion. So, the AMCU conducted an investigation and found signs of violation of the law, and, accordingly, began considering the case on violation of legislation on protection of economic competition. The Complainant thanked the Council for assistance. The case was closed.