According to Clause 47 of the Aspects (CMU Resolution No. 1178 dated 12 October 2022), the procuring entity must deny access to open bidding and reject quotes of any bidders that meet the following condition:

4) the business entity (bidder) has been held liable within the last three years for an offence under Articles 6.2.4 and 50.1 of the Law of Ukraine “On Protection of Economic Competition”, i.e. for anti-competitive concerted practices related to bid rigging.

Furthermore, Clause 44 of the Aspects requires the procuring entity to reject the quote and indicate the justification in the electronic procurement system if the bidder falls under the grounds specified in Clause 47 of the Aspects.

The analysis of open bidding procedures involving bidders blacklisted by the Antimonopoly Committee of Ukraine in 2025, conducted using the bi-prozorro public analytics module, revealed as many as 1,201 such procurements.

Note that the bidder confirms that it has no grounds for rejection solely by submitting a statement in the electronic system when placing its bid. There are no technical restrictions for companies blacklisted by the Antimonopoly Committee of Ukraine to participate in procurement. Therefore, the procuring entity’s authorised representative must verify whether the bidder has been held liable for anti-competitive concerted practices.

Given that administrative liability is imposed on authorised representatives of procuring entities for failure to reject a bid, we recommend that when reviewing bids, you check whether bidders are listed in the State Register of Business Entities Held Liable for Anti-Competitive Concerted Practices here: https://reyestr.amcu.gov.ua/