Antitrust / Competition
Asters is known as the premier antitrust practice in Ukraine. The strong team possesses broad experience in the entire spectrum of antitrust and competition issues, which includes merger control, compliance, unfair competition matters, etc. The impressive client portfolio includes such names as LVMH — Moët Hennessy Louis Vuitton, ALSTOM, Microsoft, Cisco, L’Oreal, Siemens, Tyco International, Philip Morris. Traditionally, the firm is enlisted for numerous merger control assignments. In particular, the firm acted for 3G Special Situations Fund III jointly with Berkshire Hathaway Inc. in its USD 28 billion indirect control over HJ Heinz Company; acted for Dell Inc., Silver Lake, Michael S. Dell, Denali Holding Inc. with regards to acquisition by Mr. Dellin partnership with Silver Lake Partners of control over Dell Inc.; obtained merger clearances for the acquisition by Google, Inc. of 100% shares of Motorola Mobility Holdings LLC. The team is involved in high profile investigations of the Antimonopoly Committee of Ukraine (AMCU). Igor Svechkar, partner, is a hugely respected figure on the legal market. Alexey Pustovit, known for his deep practice knowledge, has been promoted to a partner. The market knows the names of Oleksandr Voznyuk and Anastasiya Usova.
The antitrust practice of Sayenko Kharenko stands out forits substantial scope and depth. This team is present across a broad spectrum of antitrust matters. In 2013 alone the team, led by partner Vladimir Sayenko and Dmitry Taranyk, counsel, handled over 80 merger and non-compete filings with the Ukrainian competition authorities for cross-border M&A deals. The well completed team enabled the maintenance of a successful track record for handling complex cartel, abuse of dominance, unfair competition cases, and leniency consulting. Throughout 2013 Sayenko Kharenko advised on the Ukrainian competition law implications related to the USD 20.1 billion acquisition of GrupoModelo by Anheuser-Busch InBev; USD 8.7 billion merger between Bausch & Lomb Holdings and Valeant Pharmaceuticals International; USD 6.8 billion merger between TNT Express and UPS and other transactions. The firm is involved in a number of high-profile investigations, including representation of a major multinational in the ongoing investigation of the retail market currently being conducted by the AMCU. Maksym Nazarenko and Valentyna Hvozd are among the rising stars in the firm’s antitrust practice.
Vasil Kisil & Partners is regularly seen assisting companies with a broad range of matters, including merger clearance and representation in investigations of the competition authority. Instructions derived from major international and national market leaders. The recent merger related workload included representing Danone in establishing a joint venture with the ND Group; Ratos in the process of EUR 1.15 billion acquisition of all the shares in Aibel; Interros with regards to joint venture establishment in the field of mass media with another partner. The firm was particularly active in banking M&A and delivered legal advice regarding merger process of PJSC UniCredit Bank and PJSC Ukrsotsbank. Another recent highlight included representation of Epicenter Groupbefore the Antimonopoly Committee of Ukraine, which performed a detailed investigation under a concentration case. Mariya Nizhnik, head of antitrust and competition practice, has added market recognition points. The team benefits from the expertise of Denis Lysenko, head of corporate and M&A. Sergey Denisenko, Pavlo Loginov, Anna Litvinova are the core members of the team.*
* In August 2014 five partners – Denis Lysenko, Mariya Nizhnik, Anna Babych, Oleksandr Mamunya and Yulia Kyrpa left Vasil Kisil & Partners and established Aequo law firm.
Exploiting the advantage of its CIS offices network, the competition team of AstapovLawyers has managed to develop a one-stop shop offering in the dedicated region. Thus, over the past year the law group conducted numerous merger clearances filing taken place simultaneously in Ukraine, Russia, Kazakhstan, other CIS countries, and acted on violation matters and investigations conducted by the AMCU and competition authorities of Russia and Kazakhstan. The competition team recently represented PepsiCo/Sandora at the Antimonopoly Committee of Ukraine within the proceedings on violation of competition law. It also consulted Agrotrade as to the acquisition of shares of a company specializing in agricultural products; assisted OSI with regard to establishing of a joint venture in food branch outside the territory of Ukraine. The competition practice was boosted with top recognized partner Antonina Yaholnyk, head of the practice, and Kateryna Tkachenko, senior associate, who joined the firm at the end of 2012.
Arzinger had a busy year for its competition practice, and added to its positions in terms of caseload diversity. The team’s offering encompassed transactional structuring, merger control work, antitrust risks advisory, licensing and distribution matters, compliance, as well as investigations. The team recently rendered legal support to BASF related to obtaining AMCU approval for three outstanding transactions and advised CRAMO on merger clearance for the consolidation of its business on a multijurisdictional level. The practice of unfair competition boosted with client assignments over the last year. The team represented Axa and SCA Hygiene Ukraine before the AMCU on the matter of violation of the law on unfair competition. Client list includes Servier, Glaxo Smith Kline, Lantmannen, Ferrero, Activ Solar, Odessaoblenergo. Arzinger’s founding partner, Sergiy Shklyar, received market feedback for active involvement in practice development. Partners Timur Bondaryev and Lana Sinichkina contribute with their industry specific expertise. Natalia Ivanytska is among the visible young practitioners especially active last year.
Combining local knowledge with the resources of its global presence, the team at DLA Piper in Ukraine has a broad offering covering both merger control and anticompetitive concerted practices, abuse of dominance, unfair competition. Among the recent projects — obtaining permits from AMCU for Rezidor, a major international hotel operator, for the management of five hotels in Ukraine; merger clearance for WPP, international communication company, for acquisition of a marketing company in Ukraine; obtaining a concentration permit for East Balt for its subsequent sale to a JP Morgan Chase & Co arm. The team also supports a number of pharmaceutical, FMCG and retail clients during the AMCU investigations, advises on various practical issues of competition law, including implementation of distribution schemes. Experienced Natalia Pakhomovska, partner, and Galyna Zagorodniuk, legal director, lead projects in Kiev.
The Kiev office of CMS Cameron McKenna retains steady involvement in merger control and regulatory advice in terms of investment projects and related transactions. The recent caseload has been generated by energy, pharmaceuticals, agrarian, banking clients. The team recently represented a major pharma company in connection with the potential acquisition of the pharmaceutical company in Ukraine; assisting a major agriculture company with regards to several competition law advices on structuring the joint ventures and other cooperation agreements with its business partners; providing competition law advice for a US-based aerospace manufacturer with global service operations as to the planned exit from a Ukrainian joint venture. At the compliance front, the team advised amajor international foods and drinks company on various competition day-to-day law matters, including unfair compliance of the client’s campaign promotion. Nataliya Nakonechna and Olga Belyakova are the key competition source, while Olexander Martinenko, senior partner, is respected by peers for his profound competition advice.
More and more clients prefer Gide Loyrette Nouel as an adviser on competition and antitrust matters. The Kiev office of GLN headed by Bertrand Barrier has a strong record of participation in complex AMCU investigations and litigations. It advised clients on minimization of cartel risks, abuse of market power, restrictive practice in competition, exchange of competitively-sensitive information, and other issues. Special focus is being put on competition compliance in commercial practice (dealership, distribution, commercial concession, etc.), dissemination of misleading information, and IP protection in the AMCU. The team has made a significant number of merger filings for large cross-border M&As, the most recent ones are the EUR 2 billion acquisition by Auchan of Metro’s-real chain in Central and Eastern Europe, a USD 7.4 billion takeover of Smithfield Inc. by Chinese Shuanghui International Holdings, several acquisitions by the US investment group Open Gate for more than USD 1 billion. Oleg Akhtyrskyi is well known for his professional legal advice to international clientele. Oleksii Soloviov is another important practitioner.
Egorov Puginsky Afanasiev & Partners (EPA&P)reports on a wide scope of coverage, inter alia, filings, investigations, general compliance advice. The Kiev team assisted JCDecaux S.A./BigBoard Group S.A. with obtaining the AMCU merger clearances for establishing a joint venture for outdoor advertising services in the Russian Federation and advised on obtaining AMCU merger clearances for establishing control over the Dole Food Company, Inc. by DFC Holdings controlled by David Murdock. Oksana Ilchenko, partner and head of M&A and corporate practice, manages the competition practice in Kiev.
In 2013 merger-сontrol related mandates were a key focus of the Kiev office of Baker & McKenzie. The local practice group represented a large German producer of specialty chemicals in connection with obtaining merger control approval relating to its indirect acquisition of a 40% stake in a joint venture engaged in production and/or sale of catalysts. The practice is headed by Oksana Simonova, partner.
The antitrust practice of Avellum Partners continues tobenefit from its booming M&A. For instance, during the previous year the team covered merger control work for Lafarge Group in the EUR 96 million sale of its cement business in Ukraine to CRH Plc; advised Global Ports Investments Plc on acquisition of shares of NCC Group Limited; assisted A1 Group in indirect acquisition of a joint control over Proreliance Ventures Limited. Another recent highlight is representation of Adventis in a cartel investigation held by the AMCU. Mykola Stetsenko and Kostiantyn Likarchuk are the lead partners for competition workload.
The Kiev office of Clifford Chance was busywithmerger clearance instructions from major international players. The team recently advised Abbott laboratories in the acquisition of Russian pharmaceutical company Petrovax; represented foreign private individuals and State Property and Privatization Committee of the Ministry of Finance of the Republic of Kazakhstan in EUR 1.2 billion acquisition of Eurasian Natural Resources Corporation. The dedicated team is led by Ulyana Khromyak, counsel, and covers competition law issues in the course of corporate and multidisciplinary projects of the firm.
Throughout 2013 the Beiten Burkhardt office in Kiev was involved in unfair competition matters and several representations before the competition authority. The office continued representation of its established client WKN Windkraft Nord AG in the AMCU as for the protection of business reputation and represented the interests of European cosmetics manufacturerin a case concerning alleged unfair competition, namely advertisement campaign stickers issue. Daniyil Fedorchuk is the primary practitioner. He joined the Kiev office of Gide Loyrette Nouel in January 2014 together with a group of nine lawyers.
Established in September 2013 antitrust boutique Droit Law Firm has been enlisted as a legal counsel for high profile matters as investigations on concerted actions and cartels. The firm represented Roche Ukraine at the AMCU within the antitrust investigation and advises on distribution of misleading information on the Ukrainian pharma market. Noteworthy representation of this compact team includes participation in the biggest cartel investigation of trade networks. Victoria Ptashnyk, founding partner, is known for her public activity and is referred to as a rising star on the market. Dmitriy Cherkasov is responsible for economic issues within antitrust projects.
In 2013 the competition assignments of Chadbourne & Parke derived from corporate/M&A mandates. Recent highlights include merger control work for AES Corporation in connection with the sale of its two Ukrainian regional power distribution companies to VS Energy International, and representation of Origin Enterprises Plc in the acquisition of 60% of Agroscope Ukraine’s seeds and agrichemicals business in Ukraine. Anna Putintseva and Oleksandra Soloviova are the primary practitioners in competition practice.
The majority of Schoenherr’s competition workload last year was arranged by its established client, Robert Bosch GmbH. The client instructed the Kiev team in connection with indirect acquisition of a share in the capital of Bauer Optimierungstechnik GmbH & Co KG; on creation of a joint venture between Robert Bosch GmbH, Mitsubishi Corporation and GS Yuasa; indirect acquisition via Bosch Packaging Services Inc. (USA) shares of the Industrial Pharmaceutical Resources, Inc. Denys Sytnyk and Liudmyla Gorodnycha are the main contacts.
In 2013 the team of Dentons customarily carried out merger control instructions and advised clients on requests by competition authorities and issues of distribution. The Kiev team completed merger control clearance for the acquisition of a private Ukrainian oil and gas exploration company called Technogas-industria. Volodymyr Monastyrskyy and Boris Schwarzer are involved in the practice.
Throughout 2013 Wolf Theiss completed a number of merger clearance projects, both related to multijurisdictional acquisitions and Ukrainian deals supported by the Kiev M&A team. Thus, the team, as led by practice head Olga Ivlyeva, represented LUKOIL in obtaining merger clearance for the sale of Odessa Oil Refinery Plant together with its electricity and power energy generating sister-company; prepared the merger clearance filing for the acquisition of Spirig Pharma AG by Galderma Pharma S.A.
In 2013 Lavrynovych & Partners was active in unfair competition proceedings, and continued merger control work derived from recent acquisitions. Iryna Marushko, head of the practice, and Stanislav Skrypnyck, partner, acted across subsequent projects.
Merger control support is an advantage of Lexwell & Partners, which has a solid M&A track record. In the previous yearthe firm arranged merger control coverage in the course of representing CRH Group in connection with acquisition of Nikolaevcement from Lafarge Group; and obtained concerted actions clearance regarding the conclusion of an agreement between CRH Group and Lafarge Group on limiting Lafarge Group’s cement production activities in Ukraine. The firm was led by partner Andriy Kolupaev.
With its established litigation focus, Ilyashev & Partners has acted in appealing AMCU decisions. Another part of competition work led by Oleksandr Fefelov, related to merger clearance. The firm’s regular client,BTA Bank, instructed the firm to ensure compliance with the NBU and obtain AMCU approval for increasing substantial participation in BTA Bank.
Being dedicated to the pharmaceutical sector, Legal Alliance Company has a competition offering for sectoral clients. During 2013 the firm supported a number of international pharmaceutical companies in preparing responses to AMCU’s requests received during a comprehensive study of the pharmaceutical market; advised Berlin Chemie with regard to investigation on advertising pharmaceuticals Prostamol, Mezym, Espumizan, etc. Andriy Gorbatenko and Lidiya Sangarovskaya-Gurlach are the primary contacts.
The list of projects carried out by VB PARTNERS includesmerger clearance work andstructuring transactions to minimize antitrust risks. The team assisted a Russian investor with regard to increasing shares in the ViOil agroholding. Aleksandr Lukyanenko is the main practitioner.
Throughout 2013 ENGARDE acted onregulatory competition issues. The team completed the preparation of necessary documentation and obtained permits within several M&A transactions, including the acquisition of Ukrgazvydobuvannia LLC. Roman Ognevyuk and Irina Drofenko were involved.
The recent competition law projects of Andriy Kravets & Partners were centered on merger clearance assignments. The recent workload included merger clearance for concentration in connection with acquisition by Whitescope Investments Limited of companies dealing with the production and sale of a wide range of special-purpose cables. Vladyslav Lyaskovskiy, Daria Volkova, Оleksandra Kupriichuk are the main contacts.
In December 2013 Danevych Law Firm and Ulysses merged their operations. The new firm now operates under the brand name Marchenko Danevych. The firm is a frequent choice for its pharmaceutical clients. Among the recent highlights of the amalgamated team arelegal assistance to the Association of Pharmaceutical Research and Development during establishment of association in Ukraine; advice to GoodYear from the perspective of Ukrainian competition legislation and review of distribution agreement; support of Eli Lilly Vostok S.A. on various issues related to competition law. Maksym Sysoiev, counsel, is a practice head.
Alexey Kot, managing partner of ANTIKA Law Firm, takes an active part in work of Public Council of AMCU as a Head of Legal Committee. His commitment to the practice is illustrated by an excellent reputation from peers.
Peterka & Partners provided complex legal support to a major French children clothes and footwear manufacturer with regards to obtaining permit for concentration before establishing a legal entity in Ukraine. Additionally, the antitrust team, consisting of Monika Simunkova Hoskova, Nina Sydorenko, supported Czech engineering-supply company Královopolská Ria, a.s. in obtaining AMCU approval for concentration prior to establishment of legal entity with a Ukrainian partner.
In 2013 Yuliya Khomych, Zavadetskyi, Khomych Advocates, completed a project on the acquisition of three companies-owners of pledged real estate objects (Trading Centre Materik, Business Centre Citadel-2, Dnepropetrovsk Freezing Plant) within the framework of restructuring and partial repayment of USD 50 million loan indebtedness of Rainford Group to OTP Bank Ukraine. The comprehensive support also covered obtaining permits from antimonopoly authorities. In December 2013 Yuliya Khomych left the firm and established Khomych & Partners.
Grischenko & Partners, as led by Sergei Voitovich, advised United Parcel Service in connection with merger clearance for acquisition of Hungarian logistic company; assisted JSC Freight One in the acquisition of MMK-Trans; supported United Parcel Service in the EUR 5.16 billion acquisition of TNT Express.
Juscutum Attorneys Association advised Sammit LLC in two proceedings for protection against unfair competition. Integrites team, led by partner Oleksandr Aleksyeyenko, acted for a Ukrainian producer of grain in litigation against the Antimonopoly Committee of Ukraine claiming cancellation of unjustified fines for alleged illegal use of trademarks. In 2013 KPMG Ukraine advised a leading marketing and wholesale company involved in sales of household appliances on vertical restraints arrangements in Ukraine.
Taras Shevchenko Kiev National University (2008)
Aleksandr Lukyanenko specializes in corporate law, antitrust law and real estate. Mr. Lukyanenko has vast experience of structuring and supporting M&A and real estate deals, conducting due diligence, corporate restructuring, currency control, obtaining the authorization of the Antimonopoly Committee of Ukraine on economic concentration and representing the interests of a client accused of monopoly abuse. In addition, Aleksandr possesses expertise and significant experience in white-collar crime.
According to the research directory Ukrainian Law Firms: A Handbook For Foreign Clients, Aleksandr Lukyanenko is a leading expert in the agricultural sector, competition law and M&A transactions. Mr. Lukyanenko is the deputy head of the Real Estate and Construction Committee of the Ukrainian Bar Association. In addition, Aleksandr is a board member of the Antitrust/Corporate Committee and Committee on Real Estate and Construction at the Ukrainian Bar Association.
Antitrust/Competition, M&A, Real Estate & Construction, White-Collar Crime
Ukrainian, Russian, English
Graduated with top honors from the Institute of International Relations, Taras Shevchenko Kiev National University. He received a PhD in the same institute in 2004.
Before setting up SDM Partners Dr. Syrota was a partner of a multinational law firm and worked for the Government of Ukraine.
He leads the practice on various major transactions related to mergers and acquisitions, investment projects, IPOs and anti-trust law. In 2013 Dr. Syrota successfully completed more than 45 various anti-trust projects.
Dr. Syrota is actively involved in work relating to preparing drafts of laws and participates as an independent expert in the government teams working on improving the investment climate and economic reforms. Dmytro Syrota also lectures on international private law at the Taras Shevchenko Kyiv State University.
Dr. Syrota has been practising law in these areas for more than 13 years.
Corporate, M&A, Investment Projects, Antitrust/Competition
Ukrainian, Russian, English