Ilyashev & Partners Overturns Procurement Decision in Favor of Ukrainian Telecom Company

Ilyashev & Partners Law Firm successfully represented Research and Production Company HomeNet LLC, a Ukrainian telecommunications company, in a case concerning the violation of procurement procedures by the customer during a tender for telecommunications services initiated by the Main Information and Computing Centre branch of JSC Ukrzaliznytsia (Ukrainian Railways).

In 2025, the state company’s branch conducted an open tender on the Prozorro platform for the procurement of Internet access services. Two companies participated in the process, one of which — Research and Production Company HomeNet LLC – submitted the most favourable price proposal and provided a complete set of documents in accordance with the tender documentation requirements.

However, the procuring entity rejected HomeNet’s proposal without proper justification, alleging that certain deficiencies had not been remedied. At the same time, the procuring entity failed to specify a clear list of violations that would constitute a breach of public procurement law in the notice requesting the elimination of deficiencies.

To protect its rights, the company turned to Ilyashev & Partners Law Firm. The Antitrust and Competition team prepared a complaint to the Antimonopoly Committee of Ukraine (AMCU), substantiating the unlawful nature of the procuring entity’s actions. In particular, the attorneys demonstrated that:

• the notice requesting elimination of deficiencies did not contain a clear list of identified violations;
• the procuring entity’s comments referred to minor technical issues (such as the format of the price proposal or omission of employees’ patronymics) that did not affect the content or completeness of the tender proposal;
• the tenderer submitted all required documents confirming its technical capacity to fulfil the procurement.

The AMCU Commission accepted the legal arguments of Ilyashev & Partners’ attorneys and ordered the procuring entity to cancel its decision rejecting HomeNet’s proposal.

The case was handled by Oleksandr Fefelov, Partner and Head of Antitrust & Competition, and Andriy Lytvyn, Attorney at Law and Head of Kharkiv Office at Ilyashev & Partners Law Firm.