• Oleksandr Aleksyeyenko
    Partner practice

    Antitrust & Competition

    At a certain stage of development, each company considers the possibility of further business expansion and development. As a rule, such business development is carried out through acquisitions of assets or shares of other companies etc. In most cases such business development requires obtaining of preliminary permit of Antimonopoly Committee of Ukraine (AMCU) for concentration. There are a lot of cases when in the course of performing transaction or in the worst case, after the deal is closed, companies’ optimistic plans regarding the business development are tarnished due to the need of obtaining the AMCU’s preliminary permit for concentration to be issued by a state body the companies do not often face with. In such cases the companies acknowledge that provisions of Ukrainian antitrust legislation are rather complicated and obtaining of AMCU’s preliminary permit for concentration requires preparation and due perfection of a great number of documents. The lack of knowledge and experience in obtaining the AMCU’s preliminary permit for concentration often leads to delays of transaction completion. A special attention shall be paid by the companies to the amount of fines that the AMCU may impose for failure to obtain the AMCU’s preliminary permit for concentration in cases where such permit is required. 

    Integrites is your reliable partner able to take upon ourselves all difficulties connected with obtaining permits issued by the AMCU. Our specialization is providing services on obtaining the AMCU’s preliminary permit for concentration and concerted practice as well as obtaining preliminary opinions on concentration. Some of our firm’s specialists have worked for the AMCU for many years and have experience of consideration of more than 500 applications on concentrations, concerted practice and preliminary opinions. It goes without saying that the abovementioned fact may serve as an advantage in the course of representation of our clients’ interests in the AMCU. 

    Ukrainian antitrust legislation is not limited to the issues connected with obtaining of the AMCU permits, but also covers a lot of other issues related to carrying out of business activity. Therefore, we are ready to provide you with the full scope of services in the sphere of antitrust legislation: 

    • Obtaining permits for concentrations and/or concerted practices of legal entities;
    • Obtaining preliminary opinions on necessity of obtaining the permit for concentrations and/or concerted practices of legal entities;
    • Obtaining AMCU’s recommendatory clarifications;
    • Advising on organization and participation in procurement procedures; drafting tender support documentation in accordance with procurement requirements;
    • Preparation and filing with the AMCU legal entities’ applications on their rights and interests violation due to actions or omissions qualified as violation of legislation on protection of economic competition;
    • Representing the clients’ interests in the AMCU in the course of antitrust investigations – submitting evidence, motions, explanations, objections and other documents in order to protect the rights and interests of the companies in their relations with the AMCU;
    • Representing the clients’ interests in the courts of Ukraine on the issues of appeal of the AMCU’s decisions.

     

  • Projects. Antitrust and Competition.

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

    • Advising on concerted actions by business entities that involve striking deals, creating business entities or associations to coordinate competitive behavior, setting prices and other terms, imposing restrictions on production activities or commodity and investment markets, allocating market shares and supply sources, creating market restraints and restricting competition, as well as advising on liability for violations of antimonopoly and competition laws
    • Advising on procedures for obtaining approvals from the Antimonopoly Committee of Ukraine for concentration or concerted actions 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, including against practices involving unauthorized use of another business entity’s business reputation, creation of competitive barriers for other business entities or achievement of unfair competitive advantages, unauthorized collection, disclosure or use of commercial secrets
    • Advising on procedures for 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 permits 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 optimal 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 facilitate improved production processes, technical and technological development, 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 antidumping investigations, conducting due diligence.
    • Detecting violations and drawing up applications seeking 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.

    Advising on antidumping matters and participating in the resolution of antidumping disputes.

    • 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 during antidumping investigations carried out by the Ministry of Economy of Ukraine.