1. The subject of the dispute is the lawfulness of the actions of the Antimonopoly Committee of Ukraine (AMCU) regarding the inclusion of information about Ruthen Engineering LLC in the Consolidated Information and the State Register of Business Entities that have been held liable for violations of competition law, based on the AMCU’s decision, which the plaintiff is challenging in court.
2. The court of cassation agreed with the decisions of the courts of previous instances, noting that the AMCU acted within its powers, since the inclusion of information in the Consolidated Information is an obligation provided for by the Regulation on Datasets to be Published in the Form of Open Data. The court also indicated that entering data into the Consolidated Information is not an execution of the AMCU’s decision, and therefore, is not suspended due to the appeal of this decision in court. In addition, the court noted that maintaining the State Register is directly provided for by the Law of Ukraine “On Protection of Economic Competition,” and the fact that the register is in trial operation does not make the inclusion of information in it illegal. The court also emphasized that the restrictions on participation in public procurement, provided for by the Law of Ukraine “On Public Procurement,” apply on the basis of the AMCU’s decision, and not the fact of entering information in the registers. The court departed from the legal position stated in case No. 910/10407/20, due to changes in legislation, in particular, amendments to the Law of Ukraine “On Protection of Economic Competition.”
3. The court decided to dismiss the cassation appeal of Ruthen Engineering LLC, and to leave the decisions of the courts of previous instances unchanged.
