International law firm Integrites held workshop on "The Practice of Antitrust Regulation in Structuring of Ukrainian Business". The events took place on 23 February 2012 at Integrites office in Kiev
Speakers of the workshop - Oleksandr Aleksyeyenko, Partner, and Gennadiy Atamanyuk, consultant of Integrites Antitrust practice – presented their views on compliance of Ukrainian companies’ corporate structure with the legislation on protection of economic competition, and also shared their recommendations regarding efficient liaison with the regulator on matters of obtaining the Antimonopoly Committee of Ukraine (AMCU) permission for concentration.
In his presentation, Oleksandr Aleksyeyenko pointed to a number of aspects that are relevant for many clients trying to obtain the permission for concentration. It was also mentioned that clients applying for the AMCU permission are required to provide a substantial information package. At the same time, Mr Aleksyeyenko explained cases when clients can address the AMCU with a request to wave some requirements as regards the information package. Mr Aleksyeyenko also mentioned examples of fine impositions for concentrations carried out without the AMCU’s permission.
Gennadiy Atamanyuk invited the participants to consider the situation from the
regulator’s point of view. Building on his experience, Mr Atamanyuk draw attention to factors that generally influence a penalty rate for antitrust violations: local markets, time frame of violation, occurrence of violation in the past, liaison with the AMCU, admission of violation, and other.
Participants of the workshop included representatives of Procter & Gamble Ukraine, MTS Ukraine, Bayer AG, PJSC Concern Galnaftogaz, MTI, Auchan, Olimp, Myronivsky Hliboproduct, Mriya Agro Holding, Lactalis Ukraine, and Farlep-Invest.