THE AMCU AND RECOMMENDATIONS ON CEASING ACTIONS THAT CONTAIN SIGNS OF VIOLATION

Some decisions of the Antimonopoly Committee of Ukraine (hereinafter – the AMCU, the Committee) with multimillion-dollar fines are successfully challenged in the courts. According to court decisions, the grounds for declaring such decisions of the Committee illegal are, in particular, inconsistency of the circumstances ascertained by the decision of the Committee with the materials of the antimonopoly case (that is, the inconsistency of the decision of the Committee with the evidence collected by it).

Over the past five years, the AMCU, as a collegial body, took several decisions on termination of the proceedings in connection with the implementation by the defendants of the recommendations on the termination of actions that contain signs of violations.

In the author’s opinion, some of them are of dubious quality and limited the right of counterparties (consumers), competitors of the defendants to demand compensation of losses caused by violations (violators). So these decisions can be appealed by an indefinite circle of persons (counterparties, competitors, consumers, defendants in cases) within three years from the date of their adoption. And also by law enforcement agencies in the event when, for example, the relevant goods were purchased for public expenditurs.

It follows from individual decisions that the defendants were aware of this danger and resisted the poor-quality closure of cases, but did not appeal against them in the courts.

More details in the blog of the advisor Yuri Prokopenko at the link