AMCU

On April 14, the Antimonopoly Committee of Ukraine published the news, where it announced the resumption of consideration of complaints by the Permanent Administrative Board of the Antimonopoly Committee of Ukraine. The meetings will be held taking into account the legal regime of martial law introduced in Ukraine in February.

What Complaints Will Be Considered?

By Order No. 4-рп dated April 12, 2022, the Antimonopoly Committee amended Order No. 1-рп dated March 3, 2022 “On Certain Issues of Organizing the Activities of the Antimonopoly Committee of Ukraine under Martial Law”, in particular, the following:

- to restore the consideration of complaints received by the Antimonopoly Committee of Ukraine before February 22 inclusive and decisions on the results of the consideration of which were not adopted as of February 24 inclusive;
- complaints will be considered taking into account the regime and procedure for the operation of the appeals body under martial law and the security situation in a particular region, the presence or absence of the organizational or technical conditions necessary for such consideration.

The full text of the adopted order can be found here.

How Many Decisions Have Already Been Made Public?

In a recent article, SmartTender lawyers drew attention to the fact that in early April, the AMCU began to resume work and publish decisions on complaints filed before the introduction of martial law and for which decisions were made, but not published. This is evidenced by data from BI Prozorro: in the period from 04/01/2022 to 04/14/2022, the Antimonopoly Committee of Ukraine published 145 decisions based on the results of consideration of complaints (excluding decisions on accepting a complaint about consideration and decisions on postponing consideration of a complaint). Now, this information is officially confirmed by the committee.

When Will Complaints Filed From February 24 Be Considered?

It is not yet known when the AMCU will start considering complaints filed since the beginning of martial law, even though, according to information published in the electronic procurement system, there are now only 119 such complaints.

We can only assume that this will happen shortly, after the completion of the consideration of all complaints submitted before 02/24/2022. Of course, provided that Kyiv, where the Antimonopoly Committee of Ukraine is located, will be safe – this is evidenced by the above-mentioned text of the AMCU order.