Business activity of Ukrainian and foreign companies in Ukraine should comply with the antitrust legislation of Ukraine and requirements of the Antimonopoly Committee of Ukraine (the AMCU). Under Ukrainian legislation Ukrainian and foreign companies are obliged to obtain preliminary rulings or approval of the Antimonopoly Committee of Ukraine for their establishment, mergers or initiating joint contractual relations.

The lawyers of Sergii Koziakov & Partners specialize in Antitrust & Competition Law and have extensive experience in rendering legal services in this area to Ukrainian and foreign companies.

Our lawyers are recognized leaders of legal practice in Antitrust & Competition Law in Ukraine and for 20 years, since the adoption of the first legislative acts in Antitrust & Competition Law, have been providing legal support to numerous projects in obtaining the AMCU’s approvals for concentration and concerted actions. We repeatedly and successfully protected our clients` interests in high- profile AMCU investigations on violation of Ukrainian legislation on protection of economic competition. Sergii Koziakov & Partners is distinguished among other Ukrainian firms for its exclusive combination of extensive expertise of participation in the AMCU’s investigations and its experience of anti-dumping and special investigations conducted by the Ministry of Economic Development and Trade.

We participated in dozens of seminars and conferences organized by the AMCU including the AMCU annual performance reports discussion. At the invitation of the AMCU Sergii Koziakov & Partners were involved in legal due diligence process of drafts of legislative acts and regulations of the AMCU activity. Bases on the results of the National Professional Research of the Quality of Legal Services provided by Ukrainian Lawyers “Client’s Choice” conducted by Weekly Professional Legal Publication “Yuridichna Gazeta” Sergii Koziakov & Partners Partner Mykola Podpalov was ranked as one of 100 best lawyers of Ukraine and recognized as one of the leading lawyers of Ukraine in Antitrust & Competition Law in 2010 and recommended by clients as a highly qualified professional in 2011. In 2010 for outstanding professional achievements Mykola Podpalov was recognized as the Best Lawyer in Antitrust & Competition Law by the Weekly Newspaper of Ukrainian Lawyers “Legal Practice”. The Firm Partner Sergii Koziakov is a member of the Editorial Advisory Board of the Bulletin of the Antimonopoly Committee of Ukraine and lectures “Comparative Competition Law” in the Institute of International Relations of Kyiv National Taras Shevchenko University.

Services:

  • preparation of documents for obtaining the AMCU rulings, merger clearance filings and concerted practice filings; obtaining the AMCU preliminary rulings, the AMCU approval of transactions and concerted practices; obtaining the AMCU post closing clearance. Appealing tenders results regarding public procurement of goods and services.
  • preparation of submissions to the AMCU regarding violation of legislation on protection of economic competition.
  • representation of the interests of clients in the AMCU’s investigation of violation of legislation on protection of economic competition by its competitor;
  • preparation of the Rules of Fair Trade, the Rules of Professional Ethics in Competition and their registration in Ukraine;
  • representation of the interests of clients in court proceedings in connection with challenging the AMCU decisions;
  • Legal Academic Expertise in Antitrust & Competition Law.

Experience:

  • representation of General Motors Company in the Antimonopoly Committee of Ukraine on obtaining the AMCU approval on purchasing of assets of «Delphi Corporation» producing automobile production units and spare parts, total amount of transaction exceeding USD 3.2 bln.
  • assistance to General Motors Company and Adam Opel GmbH on Antitrust & Competition Legislation issues in the course of preparation and filing documents to the AMCU in relation to purchase shares of Adam Opel GmbH by Magna International Inc. and Sberbank of Russia.
  • representation of «Delphi Automotive LLP» in the Antimonopoly Committee of Ukraine on obtaining control over  Radclive Holdings Limited (Buckingham, the United Kingdom) and its subsidiary “Hartridge Limited”, with total amount of transaction exceeding EUR 3, 22 bln.
  • consulting and practical assistance in documents preparation on behalf of General Motors Company to obtain the AMCU approval of the concentration to be effected through the establishment by «Peugeot S.A.» (Paris, France) and «General Motors Holdings LLC» (Detroit, USA) joint venture company «GM PSA Purchasing» (Brussels, Belgium).
  • consulting and practical assistance in documents preparation on behalf of General Motors Company to obtain the AMCU approval of the concerted practices to jointly develop and produce vehicle segments and components by Peugeot S.A. (Paris, France) and General Motors Holdings LLC (Detroit, the USA).
  • representing the interests of Budhouse Group Limited in the AMCU on obtaining the approval for acquisition of control over the group of Ukrainian and foreign business entities operating in construction market and construction management in Ukraine.
  • preparation of the documents for GRASONMER ENTERPRISES LIMITED (Nicosia, Cyprus) and obtaining the AMCU approval for control over «Telecommunication company «Velton Telecom» Limited Liability Company (Kharkov, Ukraine).
  • preparation of documents for Henkell&S?hnlein Sektkellereien Geselschaft m.b.H (Wien, Austria) and obtaining the AMCU approval for purchasing the shares of CJSC “Kiev Champagne factory”.
  • preparation of documents for one of the largest iron and steel holdings and obtaining the AMCU approval for assets consolidation.
  • preparation of the documents and obtaining the AMCU approval for purchasing shares of Ukrainian banks by natural persons and foreign banks.
  • protection of the interests of one of the largest wholesaler of medicine in Ukraine during AMCU’s investigation of violation of legislation on protection of economic competition on the national market of medicine.
  • representation of OJSC «Farmak» in the AMCU’s case on unfair competition against «Sanofi Aventis Group» regarding discrediting a market participant.
  • representing «AE Nibulon» Ltd in the AMCU in respect of violation of legislation on economic competition, abuse of SE “Delta – Lotzman” dominant position and legitimacy of actions undertaken by the captain of “Preventer” vessel.
  • representation of the interests of an international publishing holding in the AMCU’s investigation of violation of legislation on protection of economic competition by its competitor;
  • representation of the interests of Borispol Airport car parking owner in the case on alleged violation of legislation on protection of economic competition in courts of Ukraine;
  • preparation of scientific research “Scientific and Methodological Framework of Regulation of the Procedural Activity of the Organs of Administrative Jurisdiction On Protection of Economic Competition” conducted at the AMCU request .

Publications

  • Koziakov S. Investigation of the AMCU: the role of the external legal counsel. Agroprofi № 22-23 [114] 18 June, 2010.
  • Koziakov S., Podpalov M. Investigation Analysis of the ANCU regarding non-competitive concerted practices: the role of the external legal counsel. Legal Practice № 18 (645) of 04/05/10.
  • Koziakov S. Pharmaceutical notes in the margin. Pharmacy. №730 (9) of 08.03.2010.
  • Koziakov S. The AMCU Performance Report in 2009. The notes in the margin. Yuridichna Gazeta, №6 (633) of 09/02/10.
  • Isakhanova N. The abuse of dominant status on the market. Legislation, practice and problematic matters. Legal Week, №5 of 2/02/2010.
  • Isakhanova N. Sharing information through advertising being misleading in accordance with legislation on protection of economic competition. Yuridichna Gazeta, №16, 20 April, 2010.
  • Karas A. Anti-cartel enforcement. Legal Week, №22 (148) of 2 June, 2009.

Commentaries on Antitrust & Competition Law matters:

  • Koziakov S. The AMCU can recognize the demands to service the state enterprises in the state banks as anticompetitive. INTERFAX – UKRAINE.
  • Isakhanova N. The AMCU sanctions for Lazolvan misleading advertisement are the first but not the last precedent in this sphere. INTERFAX – UKRAINE.

Contacts

Mykola G. Podpalov (m.podpalov@kievbarrister.com)
Nataliia I. Isakhanova (n.isakhanova@kievbarrister.com)
Related Practices

Corporate Law
Litigation
Legal Academic Expertise