You won the tender — but you may be risking up to 10% of your annual revenue. What does the AMCU examine?

Winning a public tender does not necessarily mean that all risks are behind you.

The Antimonopoly Committee of Ukraine has published preliminary findings in a case involving two companies that participated in procurement procedures for frozen pork for units of the National Guard of Ukraine.

The AMCU preliminarily considers that their conduct may constitute anti-competitive concerted actions that could have distorted the tender results.

And here is the key point.

For such a violation, the fine may amount to up to 10% of the company’s revenue for the last reporting year preceding the year in which the fine is imposed.

It is not 10% of the tender value.
It is not 10% of the profit earned under the contract.
Potentially, it is up to 10% of the entire company’s revenue.

⚖️ Lawyer’s opinion

What may the AMCU examine when analysing tenders?

The Committee does not assess only the bid price.

In cases involving possible concerted actions, it may consider a combination of circumstances indicating coordinated conduct among bidders.

For example:

• links between companies;
• shared employees or related persons;
• commercial relationships between competitors;
• exchange of information;
• the way tender documents were prepared;
• bidders’ conduct during the auction;
• other facts that may indicate coordination of competitive behaviour.

There is one important principle.

An isolated coincidence does not necessarily prove collusion.

The AMCU must assess the evidence as a whole and prove the existence of anti-competitive concerted actions.

The company, in turn, has the right to review the case materials and submit explanations, objections, and evidence.

No final decision has yet been issued in this particular case.

The AMCU has published preliminary findings, and the case hearing is scheduled for 1 October.

However, the message for businesses is already clear.

If your company regularly participates in public procurement, legal oversight is necessary not only when the State Audit Service, the State Bureau of Investigation, the Bureau of Economic Security, or the Prosecutor’s Office becomes involved.

Antitrust risk can be just as financially significant.

Therefore, before participating in tenders, businesses should review not only tender documentation but also potential competition-law risks—especially where bidders have commercial, employment-related, or corporate links.

WINNER Law Firm advises businesses on public procurement, disputes with public authorities, and matters related to the protection of economic competition.

📞 +38 096 574 81 02
📧 info@uk-winner.com

Author: Maksym Bahniuk, Head of Tax and Customs Law Practice at WINNER Law Firm.