LAWYERS OF SERGII KOZIAKOV & PARTNERS HAVE BEEN PROVIDING SERVICES TO FOREIGN AND DOMESTIC ENTREPRENEURS IN THE FIELD OF COMPETITION LAW FOR ABOUT 20 YEARS (SINCE THE ADOPTION OF THE FIRST LAWS).

CONTACTS

MYKOLA PODPALOV, PARTNER   m.podpalov@kievbarrister.com
NATALIIA ISAKHANOVA, PARTNER  n.isakhanova@kievbarrister.com

RECOGNITION

Our lawyers are recognized leaders in legal practice in the field of competition law in Ukraine and have successfully accompanied many projects to obtain permits from the Antimonopoly Committee of Ukraine for concentration and concerted actions. We repeatedly and successfully defended the interests of our clients in high-profile investigations by the Antimonopoly Committee of Ukraine on violations of Ukrainian competition law. Sergii Koziakov & Partners is probably the only law firm in Ukraine that combines the intellectual experience of participating in investigations conducted by the Antimonopoly Committee of Ukraine with the experience of participating in antidumping and safeguard investigations of the Ministry of Economic Development and Trade.

In 2018, partners Mykola Podpalov and Nataliia Isakhanova were recognized as the leaders in Antitrust/Competition according to the study of the Legal Newspaper “Client Choice – 100 best Ukrainian Lawyers”.

In 2019, partner Mykola Podpalov was recognized as one of the leaders in Antitrust/Competition according to the research of the Legal Newspaper “Client Choice – 100 best Ukrainian Lawyers”.

In 2018 and 2019  we have been recognized as one of the leaders in Antitrust/Competition according to the research “Market leaders: rates of law firms of Ukraine” of the Legal Newspaper.

In 2019,2020 we have been shortlisted by IFLR 1000 in M&A practice. It was noted that in the M&A space, the firm regularly provides legal assistance for acquirers and sellers acting on share transactions. In this area, the firm has recently completed transactions within the energy and pharmaceutical sectors. 

“They know the law, the right people and get results.“ – say clients with respect to our M&A practice.

In 2019, 2020 Sergii Koziakov & Partners was recommended as leading firm in Competition in Ukraine by the major international ranking The Legal 500.

In 2019 ranking The Legal 500 EMEA mentioned us like:

Sergii Koziakov & Partners ‘really cares about its clients‘. Nataliia Isakhanova isgreat at what she does – she knows the law and is comfortable with explaining it‘ and is a key name for merger clearance matters, investigations and antitrust litigation.”

In 2020 The Legal 500 EMEA noted

“Mykola Podpalov and associate Andrii Pylypenko have broad experience in rendering legal services in this area to Ukrainian and foreign companies.” and Nataliia Isakhanova and the team know both the law and the lore, who to talk to and what to say.”

Mykola Podpalov and Yuriy Prokopenko were recognised as leading lawyers in Antitrust/Competition by international ranking Best Lawyers 2020 and 2021.

SERVICES

  • preparation and submission to the AMCU sets of documents for obtaining preliminary conclusions, permits for concentration and/or concerted actions of business entities, appeal of the results of tenders for public procurement of goods and services;
  • preparation of appeals to the AMCU bodies on issues of unfair competition;
  • representation of clients’ interests in the process of investigations by the Antimonopoly Committee of Ukraine of cases on violations of competition law.
  • preparation of draft rules of fair trade, rules of professional ethics in competition and their registration in the AMCU;
  • representation of clients’ interests in the courts in cases of appeal against decisions of the Antimonopoly Committee of Ukraine;
  • academic legal expertise in the field of competition.

NOTABLE EXPERIENCE

  • legal support of Itron group during the investigation of the Antimonopoly committee of Ukraine of the case on abuse of dominance on markets of natural gas;
  • representing General Motors Company in the Antimonopoly Committee of Ukraine on obtaining of the AMCU approval for purchasing of assets of «Delphi Corporation» producing automobile units and spare parts, total amount of transaction exceeding USD 3.2 bln.
  • representing the State Enterprise “Ukrspirt” while challenging the Decision of the Antimonopoly Committee of Ukraine on abuse of dominance and  imposition of fine in amount of UAH 33 million;
  • representing Subsidiary enterprise “Lactalis-Ukraine” while challenging the Decision of the Antimonopoly Committee of Ukraine on unfair competition and imposition of fine in amount of UAH 34 million;
  • Legal support of Lenovo Group Limited (Hong Kong) in the Antimonopoly Committee of Ukraine for obtaining a concentration permit through the acquisition of shares in Motorola Mobility Holdings LLC (Wilmington, USA), which provided more than 50 percent of the votes in the highest governing body, with total amount of transaction exceeding USD 2,9 bln.
  • representing strategic enterprise of the chemical industry of Ukraine –  Odessa Port Plant – in three unprecedented antimonopoly cases covering territory of CIS countries;
  • representing the interests of Ukrainian company-tobacco distributor while challenging the biggest penalty in the history of the Antimonopoly committee of Ukraine – about UAH 0.5 bln;
  • representing “National Nuclear Energy Generating Company “Energoatom” during the investigation held by the Antimonopoly committee of Ukraine;
  • represented General Motors Company and Adam Opel GmbH on preparation and filing of documents to the AMCU as to the AMCU approval received by Magna International Inc. and Sberbank of Russia to purchase shares in the authorized capital of Adam Opel GmbH.
  • represented «Delphi Automotive LLP» in the Antimonopoly Committee of Ukraine on obtaining [through “Delphi (UK) Holdings Limited” (London, the United Kingdom)] control over  Radclive Holdings Limited (Buckingham, the United Kingdom) and its subsidiary company “Hartridge Limited” (Buckingham, the United Kingdom)”, total amount of transaction exceeding EUR 3, 22 bln.;
  • consulting support and practical assistance in preparation of documents/information from General Motors Company regarding obtaining by Peugeot S.A. (Paris, France) and General Motors Holdings LLC (Detroit, USA) AMCU’s approval for creation a joint venture GM PSA Purchasing (Brussels, Belgium);
  • consulting support and practical assistance in preparation of documents/information by General Motors Company on issues of obtaining permission from the Antimonopoly Committee of Ukraine by Peugeot S.A. (Paris, France) and General Motors Holdings LLC (Detroit, USA) for concerted actions in the form of joint development and production of car parts and components;
  • represented the interests of Budhouse Group Limited in the Antimonopoly Committee of Ukraine on obtaining the approval of acquisition of control over the group of Ukrainian and foreign businesses operating in construction market and construction management in Ukraine;
  • preparation of documents and obtaining AMCU’s permission for the company “GRASONMER ENTERPRISES LIMITED” (Nicosia, Cyprus) for gaining control over LLC “Telecommunication company “Velton Telecom” (Kharkov);
  • preparation of documents and obtaining permission for Henkell & Sohnlein Sektkellereien Geselschaft m.b.H (Vienna, Austria) for the acquisition of shares of CJSC “Stolichny Kiev Champagne Wines Plant” (Kiev), resulting in getting by the buyer of controlling stake;
  • preparation of documents and obtaining the AMCU’s permission for concentration for one of the largest metallurgical holdings in Ukraine in connection with the consolidation of assets;
  • preparation of documents and obtaining permits from the AMCU for the acquisition by individuals and foreign banks of sets of shares of Ukrainian banks;
  • Representation of Steenord Corp (Rhode Town, British Virgin Islands) in the AMCU for permission to acquire shares in Agrokultura AB (Stockholm, Sweden) in excess of 25 percent of the votes in the supreme governing body of the specified business entity;
  • legal support of one of the largest wholesalers of medicines in Ukraine in the process of investigation by the Antimonopoly Committee of Ukraine of violations of the law on the protection of economic competition in the national medicines market;
  • representing OJSC «Farmak» in the AMCU’s case on the unfair competition of «Sanofi Aventis Group» (France) regarding discrediting a market participant.
  • representing «AE Nibulon» Ltd in the AMCU in respect of violation of legislation on economic competition, abuse of dominant position by the Ministry of transport of Ukraine and Nikolaevskiy seaport.
  • representing «AE Nibulon» Ltd in the AMCU in respect of violation of legislation on economic competition, abuse of dominant position by State Enterprise “Delta-Locman” and legitimization of actions of captain of the vessel “Preventer”;
  • protection of interests of an international publishing holding in investigation by the Antimonopoly Committee of Ukraine of unfair competition from the side of competitor;
  • Representation in the courts of Ukraine of the interests of the owner of the parking lot on the territory of the Borispol International Airport while appealing the decision of the Antimonopoly Committee of Ukraine in the case of violation of the competition laws of Ukraine;

PUBLICATIONS

  • Koziakov S. Investigation of the Antimonopoly Committee of Ukraine: the role of an external legal adviser. Agroprofi, No. 22-23 [114], 18/06/10;
  • Koziakov S., Podpalov M. Investigation by the Antimonopoly Committee of anticompetitive concerted actions: the role of a legal adviser. Legal practice, No. 18 (645), 04/05/10;
  • Koziakov S. Pharmaceutical notes. Pharmacy, No. 730 (9), 08/03/10;
  • Koziakov S. Report of the Antimonopoly Committee of Ukraine on work in 2009. Notes. Legal newspaper, No. 6 (633), 09/02/10;
  • Isakhanova N. Abuse of monopoly position in the market: legislation, practice and problems. Legal week, No. 5, 02/02/2010;
  • Isakhanova N. Dissemination of advertising information that is misleading under the law on protection against unfair competition. Legal newspaper, No. 16, 20/04/10.

COMMENTS

  • Koziakov S. AMCU can recognize the requirements to service state-owned enterprises in state-owned banks as anti-competitive. INTERFAX-UKRAINE;
  • Isakhanova N. Sanctions of the Antimonopoly Committee of Ukraine for the false advertising “Lazolvan” are the first, but not the last precedent in this area. INTERFAX-UKRAINE.