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Protection of Economic Competition and Antimonopoly Control


Under the conditions of the market-oriented economy and competitive environment, the rules relating to monopolism restriction, formation of fair competition and application of the most efficient methods of competitive activity become more and more important. Because it includes economic and social aspects in addition to purely legal ones, this field of practice will require special attention. However, with timely legal consultation or assistance, a solution can be found to any situation.

The main focuses of our legal assistance are:

  1. Consulting on legal issues of protection of economic competition, including but not limited to the following issues:
    • market research
    • mergers and acquisitions
    • rendering state assistance
    • the foundation and managing of joint ventures
    • violations of the law on protection of economic competition
    • harmonization of the provisions of the national law within the standards of WTO, EU, etc.
  2. Drafting documents and obtaining approvals from the bodies of the Antimonopoly Committee of Ukraine for:
    • economic concentration
    • concerted actions
  3. Representation:
    • in the bodies of the Antimonopoly Committee of Ukraine, on issues surrounding the granting of a permit for economic concentration and concerted actions, and on issues of violation of the legislation on protection of economic competition (misuse of a monopoly position, presenting inadequate information, commitment of anti-competition concerted actions etc.)
    • in courts in disputes that involve bodies of the Antimonopoly Committee of Ukraine
    • in other state authorities
  4. Legal support of transactions that violate the law on protection of economic competition

 

Our lawyers have been involved in the following landmark projects:

  • Advising General Motors Corporation in connection with multibillion acquisition of the Delphi Corporation assets;
  • Advising General Motors Corporation in connection with prospective takeover of Opel Gmbh;
  • Advising Kuwait Energy on a merger clearance in course of acquisition of assets in Ukraine;
  • Advising Metro Cash and Carry on monopoly abuse and unfair competition issues;
  • Advising Henkel, Colgate-Palmolive, Unilever and Kimberly-Clark on various competition compliance issues and issues related to unfair competition;
  • Advising Alfa Bank in connection with obtaining antimonopoly clearance for restructuring of its Ukrainian assets;
  • Advising a number of major Ukrainian pharmaceutical producers during investigation concerning breach of the legislation on protection of economic competition;
  • Advising one of the biggest pharmaceutical producers in Ukraine in connection with merger of certain assets and on various competition issues related to market dominance and unfair competition;
  • Advising one of the biggest grain and oil producers in Ukraine on the acquisition of assets, abuse of dominance and discrimination by state and public authorities.

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