Practice of Antimonopoly and Competition Law

Services
 

Sokolovskyi and Partners Law Firm helps clients manage the risks that arise in various situations related to competition. We provide our clients with a wide range of legal assistance in this area.

Specialisation:

Monopolisation:

  • provision of legal advice on abuse of monopoly (dominant) position;
  • analysis of agreements, contracts and other documents for the presence of signs of violation of competition law in the form of abuse of monopoly position;
  • assessment of possible qualification of actions of the entity in the form of abuse of monopoly (dominant) position, occurrence of negative consequences associated with violation of competition law, minimisation of risks of negative consequences;
  • preparation of applications (complaints) to the Antimonopoly Committee of Ukraine in cases concerning violation of the legislation on protection of economic competition in the form of abuse of monopoly (dominant) position;
  • representation of clients’ interests in the AMCU bodies in the course of investigation of violations of the legislation on protection of economic competition in the form of abuse of monopoly (dominant) position;
  • appeal against decisions of the AMCU bodies in cases concerning violations of the legislation on protection of economic competition in the form of abuse of monopoly (dominant) position.

Anticompetitive concerted actions:

  • provision of legal advice on anticompetitive concerted actions;
  • obtaining preliminary conclusions and permits of the AMCU bodies for concerted actions;
  • analysis of economic contracts, other documents of business entities concerning, in particular, promotion of goods (works, services) in the market, choice of counteragents, etc., for the presence of violations of competition law in the form of anticompetitive concerted actions;
  • assessment of possible qualification of actions of business entity as anticompetitive concerted actions, occurrence of negative consequences related to the violation of competition law, minimisation of risks of negative consequences;
  • obtaining advisory explanations of the AMCU regarding compliance of business entities with the requirements of the provisions on anticompetitive concerted actions that can be allowed by the AMCU bodies;
  • legal assistance in the process of combating cartels (anticompetitive concerted actions of business entities);
  • provision of legal assistance and appealing against anticompetitive actions of public authorities that have led or may lead to prevention, elimination or restriction of competition;
  • preparation of applications (complaints) to the AMCU in cases concerning concerted actions of competing business entities;
  • representation of clients’ interests in the AMCU bodies within the framework of investigations of violations of the legislation on protection of economic competition in the form of anticompetitive concerted actions;
  • appeal against decisions of the AMCU bodies in cases of concerted actions.


Implementation of public procurement:

  • provision of legal advice on conducting public procurements;
  • preparation of tender proposal for participation in tenders and drafts of procurement contracts;
  • verification of compliance of tender documentation with the customer’s requirements;
  • development of anti-corruption programs;
  • appeal against the decision of the tender organiser to the AMCU;
  • representation of clients in connection with appeal against public procurement procedures;
  • judicial remedy for violated rights and interests of the client.

Concentration:

  • provision of legal advice on concentration issues, obtaining preliminary findings of the AMCU regarding the need for obtaining concentration permits;
  • analysis of ownership structure of business entity, identification of related and affiliated parties;
  • analysis of formation of control relationships within single group of related and affiliated parties;
  • detection of violations of competition law during formation of control relationships within single group of related and affiliated parties and minimisation of risks of negative consequences of such violations;
  • legal support of M&A, restructuring and corporate reorganisations projects at all stages of implementation;
  • obtaining permits for concentration or preliminary findings indicating the absence of such requirement;
  • appeal against decisions of the AMCU bodies in concentration cases.

Unfair competition:

  • provision of legal advice on unfair competition;
  • protection of violated client’s rights in the field of unfair competition;
  • analysis of documents/actions of business entities for presence of violations in the field of unfair competition, obtaining advisory clarifications of the AMCU bodies regarding their compliance with the requirements of competition law;
  • preparation of applications (complaints) to the AMCU in cases concerning unfair practices of competing business entities;
  • support of cases in the field of unfair competition in the AMCU bodies;
  • appeal against decisions of the AMCU bodies in cases of unfair practices by competing business entities.

Legal assistance during AMCU audits:

  • advising on regulation of coordinated competitive behaviour, including pricing and anti-dumping measures;
  • legal assistance in provision of information on requests and AMCU audits;
  • comprehensive examination of the enterprise’s activities for compliance with the antimonopoly legislation, preparation and introduction of policy for compliance with antimonopoly legislation into client’s activity (antitrust compliance);
  • appeal against AMCU’s decisions.

Lawyers

Attorney at Law, Counsel of Corporate Law and M&A Practice
Attorney at Law, Head of Power Engineering and Natural Resources Practice