Report a violation of economic competition law

Rules for consideration of applications and cases on violation of legislation on protection of economic competition

Have the right to file an application for violation of the legislation on protection of economic competition (including violation of the legislation on protection against unfair competition) undertakings - competitors, suppliers or buyers of the defendant and other individuals and legal entities that can confirm that the actions or omissions of the defendant, defined by the said laws as violations of the legislation on protection of economic competition, may directly and adversely affect their rights.

How to submit an application:

1. The application shall be submitted exclusively in writing.

Copy of the application form (.doc, 29.18 Kb)

2. The application is considered within 30 calendar days.

3. If additional information that cannot be provided by the applicant is required, the application review period may be extended by 60 calendar days. (The applicant will receive a written notification from the Committee's body authorized to review the application);

4. If you withdraw your application, it remains without consideration, but this is not an obstacle for the Committee or department to continue the research on the issues raised in it.

Important:

Submitting an application is free of charge.

If the applicant believes that the submitting of the application may result in negative consequences for him, the AMCU may conduct an investigation on its own initiative. To do so, the applicant must submit a reasoned request to initiate an investigation on its own initiative.

If the application is submitted without complying with the requirements under clause 18 of the Rules of Proceedings, the state commissioner:

leaves the application without motion (the applicant will receive a written notification),
the applicant is given a deadline to eliminate the deficiencies.

Important:

The time of leaving the application without movement is not counted as part of the application consideration period.

The application shall be left without consideration if:

if the applicant fails to meet the specified requirements within the established time limit (but this does not deprive the applicant of the right to apply to the Committee with a second application);
if the applicant withdraws the application.

Important:

The withdrawal of the application does not prevent the Committee from continuing its investigation of the issues raised in the application.

Consideration of the application may be suspended:

on the initiative of the relevant Committee body, the head of the territorial office, at the request of the person who filed the application, until the Committee body or court completes consideration of another case related to this application;
until the Committee's body or other state body resolves another related issue.

Important:

An order to suspend consideration of the application and resume it is issued and sent to the applicant within three business days from the date of its adoption.

The application may be refused:

if the application is submitted by the same applicant on the same issue, if the issues raised in the previously submitted application have been considered on the merits;
if there are no signs of violation of the legislation on protection of economic competition (the applicant is notified in writing in accordance with clause 20 of the Rules of Proceedings);
if the actions or omissions containing signs of a violation do not have a significant impact on the conditions of competition in the market (based on part II of Article 36 of the Law of Ukraine ‘On Protection of Economic Competition’);
if the application was submitted after six months from the date when the person learned or should have learned of the violation of his/her rights. However, if the Committee or the department recognises valid reasons for missing the deadline for filing an application, the violated right is subject to protection (pursuant to Article 28 of the Law of Ukraine ‘On Protection against Unfair Competition’).

Important:

Actions or omissions of undertakings, state authorities or local self-government bodies that contain signs of violation of the legislation on protection of economic competition may be reported to the Committee or its territorial offices by persons whose rights are NOT violated as a result of illegal actions in competition.

Such notifications are not statements of violations within the meaning of the second paragraph of part I of Article 36 of the Law of Ukraine ‘On Protection of Economic Competition’. They are not subject to the rules on consideration of allegations of violation of the law by the Committee's bodies. If such a notification results in the initiation of procedural actions by the Committee's body, the person who provided it will not have the procedural rights of an applicant in this case.

Such notification may be made in any written form and shall set out the actions or omissions known to the applicant.

The application shall indicate:

signs of a violation (in the applicant's opinion);
name, known details (address, telephone number, etc.) of undertakings, state authorities or local self-government bodies.

The information will be taken into account by the Committee's body in the course of performing its tasks and functions.