On September 28, 2023, the Administrative Board of the Western Interregional Territorial Branch of the Antimonopoly Committee of Ukraine issued a decision recognizing the existence of a conspiracy between the limited liability company “Stryybudmontazh” and the limited liability company “Komunalnyk 1” during their preparation and participation in tenders for the purchase of overhaul services cardiology department in the main building of the Stryi Central City Hospital (Lviv region). The purchase, with an expected cost of over UAH 2,069,756, was announced in 2019 by the aforementioned city hospital.
During the case review, the department established that the defendants, contrary to the Law of Ukraine “On Public Procurement”, coordinated their behavior during the preparation and participation in the auction in order to eliminate competition. This was evidenced by a number of collusion evidence collected, such as shared printing/scanning defects in bid documents, shared file properties, etc.
In connection with these and other discovered facts, the administrative board of the Western MTV recognized the actions of “Stryybudmontazh” LLC and “Komunalnyk 1” LLC as a violation of the legislation on the protection of economic competition in the form of anti-competitive concerted actions that led to the distortion of the results of the auctions.
A fine of UAH 68,000 was imposed on the limited liability company “Stryybudmontazh” and the limited liability company “Komunalnik 1” for conspiracy.
According to the Law of Ukraine “On Public Procurement”, the reason for refusal to participate in the procurement procedure is the fact that the business entity (participant) has been prosecuted for anti-competitive concerted actions related to the distortion of tender results during the last three years.