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Укр Discrimination against small banks in Ukrzaliznytsia's tenders: Association of Ukrainian Banks to appeal to the AMCU
On 5 June, the Association of Ukrainian Banks held a working meeting with Ukrzaliznytsia and commercial banks to discuss problematic issues related to bank guarantees for participation in ProZorro tenders.
The meeting was attended by experts of the Association of Ukrainian Banks, representatives of the Management Board of JSC Ukrzaliznytsia, top management of Globus Bank, Unex Bank, Bank of Investments and Savings, and Alliance Bank. The discussion focused on Ukrzaliznytsia's requirements for bank guarantees, which limit the ability of small banks to participate in tenders, which the banking community believes is a discriminatory approach.
The main issue of the meeting was the refusal of the Production Support Centre branch of Ukrzaliznytsia to cooperate with small banks in providing bank guarantees. Ukrzaliznytsia imposes requirements that allow only large systemically important banks or banks with high international ratings to provide guarantees. Small banks consider these requirements to be discriminatory as they limit their participation in tender procedures.
During the discussion, representatives of small banks expressed their concern about discriminatory conditions that put them at a disadvantage compared to large banks. They stressed that the status of a ‘systemically important bank’ should not be the only criterion for providing bank guarantees, as this violates the principles of free competition.
For their part, representatives of Ukrzaliznytsia noted that such requirements are aimed at reducing risks and ensuring the reliability of financial guarantees. They stressed that they have had negative experience with small banks that do not always fulfil their obligations.
According to bank representatives, Ukrzaliznytsia's requirements limit the participation of small banks in tender procedures, which violates the principles of free competition. The banking community believes that Ukrzaliznytsia's requirements contravene antitrust laws and limit the ability of small banks to provide their services. At the same time, Ukrzaliznytsia expresses concern about the reliability of small banks.
After the discussion, the participants agreed to send an official letter on behalf of the Association of Ukrainian Banks to the management of Ukrzaliznytsia and the Antimonopoly Committee of Ukraine with a request to review the discriminatory requirements and ensure equal conditions for all banking institutions.
The Association of Ukrainian Banks strongly opposes the discriminatory policy and will continue to work on solving this problem, protecting the rights of all participants in the banking services market.
