Anritrust & Competition

Ukraine’s antitrust policy is shaped by the EU integration path and requires businesses to comply with the progressive legislative framework when contemplating and executing various transactions.

LCF is a legal adviser to the international and largest Ukrainian companies with dominant market positions in an array of industries: finance, agriculture, infrastructure, aviation, energy, pharmaceuticals etc. LCF’s track record includes obtaining concentration clearances for Noble Jade (Netherlands) and others.

We provide extensive experience in antitrust investigations into abuses of market dominance and concerted actions, anti-dumping investigations, appeals against public procurement and antitrust litigation  cases of great complexity and high-value. This expertise allows our clients to accurately forecast any potential risks of a project and develop the most effective mitigating solutions.

Areas of expertise:

• Representation in court disputes on appealing against decisions of the AMCU
• Support during the AMCU inspections
• Advising on market research and investigations of violations conducted by the AMCU, support in preparing responses to the AMCU’s requirements, formulating legal positions, legal assistance in collecting evidence, including conducting examinations
• Preparation and submission of applications for violations to the AMCU authorities
• Advising on the preparation and submission of complaints to the Permanent Administrative Board of the AMCU for consideration of complaints about violations of public procurement legislation, representation of interests during the consideration of complaints, appealing against the decisions of the Board in court
• Analyzing planned acquisitions and joint ventures, preparing and submitting documents for obtaining preliminary AMCU opinions, merger clearances and concerted actions
• Preparation of documents, submission and receipt of the AMCU’s advisory clarifications on compliance with antitrust requirements
• Representation of interests of entities in obtaining state aid, analysis of the admissibility of state aid
• Verification of compliance of contractual provisions (distribution, joint venture, advertising, marketing, etc.), agreements involving competitors with the requirements of competition law, providing recommendations on identified risks
• Assessment of compliance with legal requirements for advertising of goods, use of designations, packaging, etc.
• Preparation of draft rules of professional ethics in competition and their approval by the AMCU
• Protection against unfair competition; protection against anticompetitive actions of public authorities
• Development of corporate policies/compliance programs for compliance with competition law
• Conducting trainings on these issues