The procedure and features of appealing decisions of the Antimonopoly Committee of Ukraine

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Ланткевич Кирило

Lawyer

Ukraine / Dnepropetrovsk region

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Publication date: 09.07.2024

I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.

The need to appeal decisions of the Antimonopoly Committee of Ukraine may arise in various situations, here are some of them:

• Violation of procedures during the trial: If the procedural rules were violated during the trial, this may serve as a basis for appeal.
• Insufficient reasoning for the decision: If the decision of the committee is insufficiently reasoned or is based on improper or improper evidence, this can also be grounds for appeal.
• Unfair recognition of antitrust violation: If the committee's decision to recognize a violation of antitrust law is believed to be incorrect or unfounded.
• Limitation of the rights of business entities: If the decision of the committee limits the rights of business entities without a proper basis.
• Other violations of the rights of subjects of antimonopoly legislation: For example, illegal use of a monopoly position, anti-competitive agreements, etc.

All these situations can become grounds for appealing the decisions of the Antimonopoly Committee of Ukraine to the court or other competent bodies.

Review of AMCU decisions:

The Antimonopoly Committee of Ukraine has the right to review its decisions in the following cases:

• Significant circumstances were not and could not be known to AMCU: This means that if at the time of decision-making there was no available information about significant facts that could affect decision-making, this may be a reason for its review.
• The decision was based on inaccurate information: If the decision was based on false or inaccurate information, this may also prompt a review.
• Non-fulfilment by the participants of concerted actions or concentration of the terms of the agreement: If business entities that have received permission for concerted actions or concentration do not comply with the requirements and obligations, this may be grounds for reviewing the decision.
• Change of Circumstances: If the circumstances on the basis of which the decision was made have changed to such an extent that they no longer correspond to the original conditions, this may also be grounds for review.
• Failure to comply with the terms of the settlement agreement: If business entities do not comply with the terms of the settlement agreement, in which it was agreed to stop the violation or eliminate its consequences.

In all these cases, the business entity or other interested persons may apply to the Antimonopoly Committee with a request to review the decision. AMCU has revision procedures, which are defined in the legislation, and can decide on the appropriate revision of the previous decision in appropriate cases.

Grounds for annulment of AMCU decisions:

According to the Law of Ukraine "On the Protection of Economic Competition", the grounds for changing, canceling or invalidating the decisions of the bodies of the Antimonopoly Committee of Ukraine are the following circumstances:

1. Incomplete clarification of the circumstances relevant to the case: This means that the body of the Antimonopoly Committee may not have sufficient information to fully understand the circumstances relevant to the case.
2. Failure to prove the circumstances that are important to the case: If the circumstances that are important for the consideration of the case have not been properly proven or recognized as established.
3. Inconsistency of conclusions with the circumstances of the case: This includes situations when the conclusions made in the decision of the Antimonopoly Committee do not correspond to the actual circumstances of a particular case.
4. Prohibition of concentration, concerted actions: This applies to cases where business entities violate the requirements for concentration or concerted actions, which are prohibited under the relevant legislation.

All these grounds give the opportunity to the interested parties or the Antimonopoly Committee itself to apply for a review of the previously adopted decision. The procedure for reviewing and amending the decision is also regulated by the relevant legislation of Ukraine.

Effective method of appealing decisions:

The procedure for appealing the decisions of the Antimonopoly Committee of Ukraine (AMCU) to the commercial court is provided for in the legislation of Ukraine on the protection of economic competition. Here are the steps involved in this procedure:

• Preparation of the claim: The appeal against the decision of the AMCU begins with the preparation of the claim to the commercial court. The lawsuit must contain demands to the court, justification of the appeal, as well as evidence that confirms the legitimacy of the demands. The lawsuit is submitted to the court within two months from the date of receipt of the decision of the AMCU.
• Consideration of the case by the court: After filing the lawsuit, the case is considered by the court. The court may set a hearing for the consideration of the case, at which the parties present their arguments and evidence.
• Evidence in court: The parties have the right to present evidence of their arguments. These can be documents, testimonies, expert opinions, etc.
• Court decision: After studying all the case materials, the court makes a decision. The court's decision may be to satisfy partial or full demands of the plaintiff, or to refuse to satisfy the demands.
• Execution of the court decision: If the court decision becomes final and is not subject to appeal or cassation, the parties are obliged to execute it in the prescribed manner.

This procedure provides an opportunity for business entities to protect their rights and interests in a court of law regarding decisions made by the Antimonopoly Committee of Ukraine and to verify their legality and validity.

Legal assistance in appealing decisions:

The legal services in cases of challenging the decisions of the Antimonopoly Committee of Ukraine (AMCU) are critically important, as this process requires not only legal knowledge, but also professional experience in the field of antimonopoly legislation and court practice. Here are some aspects of having a online lawyer advice help you:

• Legal analysis of the situation and consultation of a lawyer: A lawyers online specializes in antitrust law and has the ability to assess the strengths and weaknesses of your case. He will conduct an analysis of the AMCU decision, case documentation, evidence and other circumstances that may affect the court process.
• Types of legal services of a lawyer for participation in court sessions: A lawyer services represents your interests during all court sessions. He has experience in conducting court negotiations, interacting with other parties to the case and expressing legal positions before the court.
• Legal approach to dispute resolution: The lawyer uses his knowledge and experience to develop a dispute resolution strategy, maximize the chances of success and ensure the protection of your interests in the legal process.