Antitrust & Competition

Chambers Europe 2016

"Vasil Kisil & Partners has a very good, reliable reputation. It works to high standards"

Services

Antitrust law compliance

  • Reviewing relevant documents and conducting interviews with company officials to detect violations of antitrust laws in the course of earlier conducted transactions and operations.
  • Developing strategies to eliminate and/or minimize the risks posed by the current or previously committed violations.
  • Identifying the main risks associated with company's compliance with antitrust requirements, as well as developing and implementing a clear and simple institutional and management structure to manage these risks.
  • Developing, implementing and monitoring an antimonopoly legislation compliance program.
  • Trainings on compliance with antitrust laws.

Concerted actions

  • Advising on implications of horizontal and vertical commercial agreements under national antitrust legislature.
  • Assessing potential risks of violation of antitrust laws in the course of completing a planned transaction.
  • Preparing necessary applications for approval of the Antimonopoly Committee of Ukraine for concerted actions and obtaining permission of the Antimonopoly Committee of Ukraine for intended transactions in a timely manner.
  • Preparing applications, appeals, answering requests for information, negotiating with the Antimonopoly Committee of Ukraine on controversial issues.
  • Upholding the legality and validity of the disputed transactions in cases and/or proceedings initiated by the Antimonopoly Committee of Ukraine or other executive agencies or individuals.
  • Advising clients on compliance with the law on abuse of dominant position in the market, as well as on the risks associated with business operations and actions that could be considered anti-competitive.
  • Structuring commercial agreements and contractual provisions in order to minimize the risks associated with violation of antitrust laws.

Merger control

  • Evaluating potential risks associated with contemplated transactions and developing communication strategies to interact with the Antimonopoly Committee of Ukraine.
  • Structuring transactions with client's interests in mind while minimizing the risks of antitrust law violations.
  • Obtaining permission (preliminary findings) of the Antimonopoly Committee of Ukraine regarding contemplated transactions, obtaining permits from the Antimonopoly Committee of Ukraine after the completion of the transaction, as well as resolving issues that arise in the course of investigations conducted by the Antimonopoly Committee of Ukraine before and after the transaction is completed.
  • Filling applications, appeals, answering requests for information, negotiating with the Antimonopoly Committee of Ukraine on contentious issues, including remedies.
  • Representing injured parties in contested deals.

State aid, public procurement and anticompetitive practices of State government bodies

  • Advising public and private sector clients, including both providers and beneficiaries of state funding and/or financial guarantees as well as third parties, who challenge the allocation of state aid on various legal issues.
  • Advising clients, including public contract awarders and bidders, on the application of public procurement law.
  • Representing clients in disputes related to participation in public procurement.
  • Advising clients on structuring state procurement transactions.
  • Representing clients in respect to anti-competitive practices of State bodies and municipal authorities.

Unfair Competition

  • Protecting clients from unfair acts on the part of competitors, including under the procedures of the Antimonopoly Committee of Ukraine.
  • Advising clients on the legal relationship between intellectual property and competition.
  • Structuring license agreements, contracts on strategic alliances and other contracts to minimize the risks of competition law violation.
  • Representing clients before the Antimonopoly Committee of Ukraine in the course of investigations and proceedings, as well as disputes related to the violation of rights, and other private law disputes regarding antitrust issues and intellectual property issues.
  • Advising on the acquisition of the exclusive intellectual property rights requiring permission of the Antimonopoly Committee of Ukraine.
  • Identifying the main risks related to antitrust law compliance regarding the coordination of joint activities with competitors, including in relation to intellectual property.  

International Trade

  • Advising and representing clients in WTO trade investigations, including anti-dumping, countervailing and special investigations.
  • Advising clients on the full spectrum of issues related to international trade transactions, including customs, creating commercially viable contractual structures and trading schemes, post-transactional support, complex legal support to ensure the fulfilment of contractual terms.
  • Advising clients on mediation, representing domestic and foreign producers and intermediaries such as agents and distributors in relation to international trade.
Key Contacts

Sisetska, Anna

Download vCard Inquire

Stelmashchuk, Andriy

Download vCard Inquire