Korchev Vyacheslav
Partner practice

Yalovoy Artur
Contact

Antitrust & Competition

Every company that reaches a certain business turnover starts contemplating further development of its business. In this situation, the company may choose to either acquire its competitors in the industry or enter new lines of business. Asset concentration projects and import price increases are fraught with risks associated with developing signs of anticompetitive or dumping behavior. Therefore, every step must be thoroughly thought-out and well coordinated.

One of our core practice areas is providing comprehensive legal support for projects implemented in the field of competition law and anti-dumping regulations. The range of our services in this field is not limited to legal advice on various matters.

To assess the need and economic feasibility of a project, we conduct an internal audit of the client. A market survey enables us to identify the most efficient investment strategy. If necessary, we represent our clients’ interests in the Antimonopoly Committee of Ukraine, the Ministry of Economy and the Cabinet of Ministers of Ukraine to obtain necessary permits or participate in anti-dumping investigations.

We offer the following range of services to our clients:

• Advising on various matters related to antitrust and competition laws, protection against unfair competition, and obtaining approvals for concerted actions or concentration of business entities.
• Obtaining approvals for concerted actions or concentration of business entities and developing concentration-related transaction schemes.
• Preventing anticompetitive concerted actions and unfair competition.
• Representing clients’ interests during investigations by the Antimonopoly Committee of Ukraine.
• Conducting due diligence of documents relating to business entities’ competitive behavior.
• Advising on anti-dumping matters and participating in the resolution of anti-dumping disputes.

Considering the complex nature of this practice area and the close relation of clients’ questions to other practice areas, when working on certain projects INTEGRITES lawyers actively cooperate and coordinate their efforts with lawyers specializing in adjacent practice areas and thus manage to achieve the best possible results.

Advising on various matters related to antitrust and competition laws, protection against unfair competition, and obtaining approvals for concerted actions or concentration of business entities.

• Advising on concerted actions by business entities whether by way of striking deals or setting up business entities or associations aimed at coordinating competitive behavior, setting prices or other terms, imposing restrictions on production activities or commodity and investment markets, allocating market shares and supply sources, imposing market restraints, or restricting competition, as well as advising on liability for violations of antitrust or competition laws.
• Advising on obtaining approvals from the Antimonopoly Committee of Ukraine for concerted actions or concentration of business entities aimed at promoting improved manufacturing processes, technical, technological and economic development, small and medium business development, export and import optimization, and production rationalization.
• Advising on protection against unfair competition (unauthorized use of another business entity’s business reputation, creation of competitive barriers for other business entities or achievement of illegal competitive advantages, or unlawful collection, disclosure and use of commercial secrets).
• Advising on matters associated with determining a business entity’s monopolistic (dominant) position, discovering the facts of possible abuses of monopoly and possible anti-competitive actions by governmental agencies, as well as by business management and regulatory bodies.

Obtaining approvals for concerted actions or concentration of business entities (merger or consolidation, direct or indirect acquisition of control over business entities) and developing concentration-related transaction schemes.

• Gathering necessary information and documents, drafting applications for concentration of Ukrainian and international companies and submitting them to the Antimonopoly Committee of Ukraine or to the Cabinet of Ministers of Ukraine in connection with deals involving mergers or acquisitions, direct or indirect acquisition of control over business entities, establishment of business entities, or acquisition of shares or assets.
• obtaining concentration approvals.
• Developing optimized M&A schemes in line with the requirements of Ukrainian competition laws.
• Gathering necessary information and documents, drafting applications for concerted actions and submitting them to the Antimonopoly Committee of Ukraine or to the Cabinet of Ministers of Ukraine, provided that such actions promote improved manufacturing processes, technical, technological and economic development, small and medium business development, export and import optimization, or production rationalization; obtaining approvals for concerted actions.

Preventing anticompetitive concerted actions and unfair competition; representing clients’ interests during investigations by the Antimonopoly Committee of Ukraine; conducting due diligence of documents relating to business entities’ competitive behavior.

• Detecting violations and drafting applications seeking the institution of investigations into violations of laws governing protection of economic competition and protection against unfair competition, gathering evidence.
• Representing clients’ interests in the Antimonopoly Committee of Ukraine and in courts in connection with investigations of cases involving violations of laws governing protection of economic competition and protection against unfair competition.
• Conducting due diligence of companies to check their compliance with antimonopoly laws in connection with their earlier M&A transactions and their current business operations.

Preventing anticompetitive concerted actions and unfair competition; representing clients’ interests during investigations by the Antimonopoly Committee of Ukraine; conducting due diligence of documents relating to business entities’ competitive behavior.

• Advising on laws protecting Ukrainian commodity producers against dumped imports, as well as on procedures for detecting dumping practices, imposing anti-dumping charges and applying measures under the WTO’s General Agreements on Tariffs and Trade.  
• Gathering relevant information and documents, preparing explanations and responses for the questionnaire of the Ministry of Economy of Ukraine, preparing explanations in connection with the results of hearings, preparing questionnaires for the parties and other documents during anti-dumping investigations.
• Representing clients’ interests in the Ministry of Economy of Ukraine and in courts in connection with antidumping investigations.