The business expansion of economic entities, inter alia, through consolidation of their activities and equity, participation in mergers and acquisitions, purchase of property and management of significant assets, and even personnel policy of companies at the top levels of corporate management are subject to control of the anti-monopoly authorities. Thus, economic entities, namely large financial and industrial groups, must check their agreements in terms of compliance with requirements and restrictions of the applicable antitrust law in the process of their economic activity.
The activities of economic operators corresponding to the criteria of coordinated actions and concentration assume passing of the procedures established by the special legislation to obtain appropriate approval of bodies of the Anti-Monopoly Committee. Otherwise, a business runs the risks to be subject to financial and other sanctions that can materially affect their further development.
Along with the above specifics of the competitive markets regulation, there is a number of industries in Ukraine that are characterized by the presence of natural monopolies. In this regard, activities of the companies in the adjacent markets, such as transportations by railway, river and sea transport, generation and delivery of electrical and heat energy require ongoing monitoring of the industry legislation, as well as lobbying of their own interests in the course of forming and application of corresponding state regulation of natural monopolies, including pricing.
There has been an increasing focus on public procurement procedures year by year. New laws providing for simplified tender rules that minimize corruption have been adopted. However, procurement procedures still remain complex in many areas, e. g. within the implementation of construction projects, and require the engagement of lawyers specializing in public procurement.
The lawyers of AGRECA have an extensive experience in antitrust law. Our most common practice is drafting documentation required to obtain concentration permissions. Participation in privatization tenders, concessions, lease of integral property complexes, acquisition of the companies in the secondary market, conclusion of joint venture agreements, establishment of simple partnerships, associations of enterprises always require an analysis of relations to check whether they need appropriate permissions of the Antimonopoly Committee.
We also have experience in the application of the legislation on natural monopolies. Within the implementation of the port reform, we assisted the Ministry of Infrastructure in drafting regulations related to the establishment of the Ukrainian Sea Ports Authority which is one of the three natural transport monopolies in modern Ukraine. Within our activities in maritime and rail transport infrastructure, we constantly monitor changes in the profile legislation and draft laws and regulations relating to the activities of Ukrainian Railways, Ukrainian Sea Ports Authority, the National Commission for regulation of transport market — a body designed to regulate markets of transport natural monopolies.
Our firm is ready to provide the following professional legal services in the scope of antitrust and competition law:
- analysis of legal relationships, risk assessment and advising regarding the need for corresponding permissions of the Antimonopoly Committee of Ukraine;
- preparation of applications for permissions to coordinated actions and concentration;
- representation of interests in the Antimonopoly Committee of Ukraine;
- litigated cases of unfair business practices;
- preparation of recommendations and proposals on regulations of natural monopolies in transport infrastructure.
- advising on application of the legislation on public procurement;
- analysis of legal relations in terms of distortion of competition within procurements, preparation of claims for violations of the regulations on procurement, challenging of actions of the receiving party in the antimonopoly authorities, and representation of interests in court.
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