The supervisory authority must accept a complaint about the actions of the customer when considering the second part of the applications, if the participant sent it through the communication organization before the contract is concluded, observing the terms. In the opinion of the AC of the North Caucasus District, the receipt by the antimonopoly authority of a complaint after the conclusion of the contract does not indicate that the participant violated the deadline for its submission.
In judicial practice, a similar approach to the situation when a complaint was filed against the provisions of auction documentation, has already been met. At the same time, there is another position.
To avoid risks, we recommend to file a complaint directly with the supervisory authority in accordance with the deadlines.
Document: Resolution of the AU of the North Caucasus District of 06.07.2017 in the case No. A63-8621 / 2016