Competition and antitrust law
Practice
Competition and antitrust law
With experience in advising Ukrainian and international businesses on competition law, we help clients identify and manage antitrust risks arising from their commercial activities, distribution models, contractual relations and interaction with the Antimonopoly Committee of Ukraine.
Our team provides practical legal support during investigations, information requests and other proceedings before the Antimonopoly Committee of Ukraine, as well as on vertical and horizontal concerted practices, distribution practices, pricing policy, abuse of a dominant position, merger control and unfair competition.
We help clients assess competition law risks in advance, structure commercially effective models of cooperation and build well-founded legal positions in their dealings with the competition authority. Our work includes reviewing agreements and business practices, preparing responses to information requests, building the evidence base and representing clients before the Antimonopoly Committee of Ukraine.
We also advise clients on compliance with competition law in their day-to-day business, in particular when building distribution and dealer networks, setting recommended retail prices, operating selective distribution systems, defining sales channels and imposing commercial restrictions on counterparties.
Our approach combines legal analysis with an understanding of the client's commercial model and operational needs, and is aimed at preventing breaches of competition law and finding practical solutions to minimise regulatory risks.
Services
What can DEGA Partners offer you?
Representation of clients before the Antimonopoly Committee of Ukraine
Legal support in AMCU investigations and market studies
Preparation of responses to AMCU information requests
Building the legal position and evidence base in competition cases
Competition law analysis of commercial and distribution models
Vertical concerted practices and distribution agreements
Selective distribution and dealer networks
Recommended retail prices and resale price maintenance risks
Territorial, customer and sales channel restrictions
Horizontal agreements and cooperation between competitors
Exchange of commercially sensitive information
Abuse of a monopoly (dominant) position
Merger control and assessment of whether AMCU clearance is required
Concerted practices and AMCU clearances
Obtaining preliminary opinions of the Antimonopoly Committee of Ukraine
Unfair competition cases
Competition compliance, audit of business processes and internal policies
Review of commercial agreements for compliance with competition law
Assessment of competition risks when introducing new business models and entering the market
Preparation and filing of complaints about breaches of economic competition law
Court appeals against decisions of the Antimonopoly Committee of Ukraine
Competition law compliance training for management and employees
Key experience
Our cases and projects
Representation before the Antimonopoly Committee of Ukraine
Advice to and representation of an international consumer goods business in connection with an information request from the Antimonopoly Committee of Ukraine. Our work included building the legal position, analysing the client's distribution and e-commerce model, defining the roles of the brand owner, the local company and the sales operator, preparing supporting documents and the evidence base, and supporting the preparation of the response and communication with the competition authority.
Competition compliance in vertical distribution relationships
Advice on competition law risks related to vertical agreements and a recommended retail price policy. The work included analysing contractual and commercial mechanisms, assessing potential restrictions on distributors' freedom to set prices, comparing recommended retail prices with actual market practice and developing practical recommendations to bring the model in line with competition law while taking the client's commercial goals into account.
Competition law analysis of distribution and sales models
Competition law analysis of the distribution and sales model of an international business operating on the Ukrainian market. The work included assessing the relations between suppliers, distributors, dealers and retailers, analysing sales channels and contractual restrictions, assessing brand use requirements and marketing standards from a competition law perspective, and developing recommendations to minimise antitrust risks when implementing the distribution model.
Consultation
Discuss your legal matter with the DEGA Partners team.
Describe the situation - we will define the next step, the practice involved and the format of further work.
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