Knowing that a successful business requires a competitive edge, our Antitrust & Competition Practice helps our clients achieve their goals within the boundaries of the law.
Whether a client is facing antitrust issues related to M&A, commercial agreements (such as joint ventures, distribution and licensing arrangements, development activities, or strategic alliances), state aid or procurement, abuse of dominance or other competition investigations, we provide well-balanced solutions and cost-effective tactics within the competition/antitrust regulatory environment of Ukraine.
Our Competition and Antitrust lawyers have experience with virtually every industry exposed to private or government antitrust issues, including IT, agriculture, real estate, transportation, advertising, media, and general industry. We approach our clients' needs with extensive regulatory knowledge, sound understanding of business practices and variations, as well as proven negotiation and dispute resolution expertise.
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Antitrust & Competition
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Abuse of Market Power / Unfair Competition
- Advising clients on compliance with the abuse of dominance provisions and the risks associated with various business practices that may be challenged as anti-competitive tactics;
- Assistance in responding to abuse of dominance investigations by the Antimonopoly Committee of Ukraine;
- Structuring business arrangements and contractual provisions to reduce antitrust risks related to the exercise of market power;
- Representing the clients in respective proceedings in connection with their participation in government contracts initiated by the Antimonopoly Committee of Ukraine, or by other enforcement agencies or private parties.
Antitrust Audits and Compliance
- Reviewing relevant documents and interviewing company officers to determine infringements of competition legislation in past transactions/operations;
- Developing strategies for the elimination and/or minimization of risks caused by earlier or pending infringements;
- Identifying the key antitrust compliance risks for the company and establishing a clear and easy standard for managing them.
Concerted Actions
- General consultations on concerted practice issues;
- Advising on the domestic antitrust implications of horizontal and vertical commercial agreements between competitors and others, such as joint ventures, distribution and licensing arrangements, development activities and strategic alliances;
- Evaluating potential antitrust risks associated with the transactions contemplated by the clients;
- Structuring business arrangements and contractual provisions to reduce antitrust risks;
- Drafting concerted practice filings and obtaining approval by the Antimonopoly Committee of Ukraine for transactions contemplated by the clients in a time - efficient manner.
- Obtaining preliminary rulings of the Antimonopoly Committee of Ukraine regarding the transactions contemplated by the clients.
- Preparing submissions, responding to information requests and negotiating challengeable issues, including remedies, with the Antimonopoly Committee of Ukraine;
- Defending the legality of challenged business arrangements in any proceedings initiated by the Antimonopoly Committee of Ukraine, other enforcement agencies or private parties.
Intellectual Property
- Advising on the nexus of intellectual property and competition laws;
- Structuring licenses, strategic alliances and other contracts to minimize competition risks;
- Representing clients in Antimonopoly Committee of Ukraine investigations and proceedings, and in the infringement and other private litigation involving competition and IP issues;
- Advising on acquisitions of exclusive intellectual property rights that trigger pre-merger filings with the Antimonopoly Committee of Ukraine;
- Identifying the key antitrust compliance risks related to competitor collaborations, involving significant intellectual property assets.
Merger Control
- General consultations on issues of merger control regulations of Ukraine;
- Assessment of potential marketplace reactions and governmental agencies to transactions contemplated by the clients;
- Evaluating potential antitrust risks associated with transactions contemplated by clients and developing strategies for dealing with the Antimonopoly Committee of Ukraine;
- Structuring transactions to reduce antitrust risks and achieve other client objectives;
- Preparing merger clearance filings and obtaining approval of the Antimonopoly Committee of Ukraine for the transactions contemplated by the clients in a time -efficient manner;
- Obtaining preliminary rulings of the Antimonopoly Committee of Ukraine regarding the transactions contemplated by the clients;
- Obtaining post closing clearance with the Antimonopoly Committee of Ukraine;
- Preparing submissions, responding to information requests and negotiating challengeable issues, including remedies, with the Antimonopoly Committee of Ukraine;
- Defending the legality of transactions in any proceedings initiated by the Antimonopoly Committee of Ukraine, or by other enforcement agencies or private parties;
- Handling pre-merger or post-merger investigations by the Antimonopoly Committee of Ukraine;
- Opposition to mergers on behalf of the affected parties;
- Arranging and coordinating merger clearances in other jurisdictions.
State Aid, Public Procurement and Anti-Competitive Governmental Acts
- Advising clients from the public and private sectors, including both providers and beneficiaries of state funding and/or financial guarantees as well as third parties, who challenge the receipts of state aid on various legal issues;
- Advising clients on the application of public procurement law, including public contract awarders and bidders;
- Representing clients in disputes over the awarding of public contracts;
- Advising clients on the structuring of state procurement transactions;
- Representing clients in respect to anti-competitive acts of governmental and municipal authorities.
Comments to the Law of Ukraine “On Personal Data Protection”
Concerted actions in Ukraine (for IFLR Competition and Antitrust 2010)
Overview of Ukrainian Competition Litigation 2010 (by ICLG: Competition Litigation 2010)
Merger Control 2011 in Ukraine (by ICLG: Merger Control 2011)
Challenging interaction: principles of cooperation between lawyers and state bodies
The antitrust pain of pharmacists
International Anti-Trust
AMKU's Investigations on Oil Products Market
Potential anti-competitive effects of presuming dominance or substantial market power based on market shares
Ukraine: A Moving Picture
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