Antitrust and Competition Services

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Description of the issue

Business entities in Ukraine must conduct their operations in a manner that does not result in the restriction of competition. This potentially applies to arrangements made involving competitors, suppliers and distributors, and also extends to intended M&A and JV transactions.

Broad investigatory powers and increasingly severe fines imposed by the Antimonopoly Committee of Ukraine (AMCU) compel businesses to carefully review market practices.

How can we help?

PwC Ukraine has the knowledge and the experts to assist in ensuring compliance with antitrust regulations. In particular, our services cover:

Advice on ongoing business operations

• Antitrust compliance (abuse of dominance, anticompetitive actions, unfair competition)
• Structuring of trading arrangements
• Drafting agreements on distribution, joint commercial activity, etc.
• Concerted practice issues

Antitrust compliance reviews

• Antitrust audits
• Developing strategies for mitigating the risks of possible antitrust violations
• Establishing corporate policies for managing key antitrust risks

Advice during transactions/restructuring

• Evaluating potential antitrust risks and developing strategies for AMCU clearance
• Advice on antitrust clearance in other jurisdictions

AMCU clearance

• Drafting filings and obtaining permits/preliminary conclusions from the AMCU regarding M&A and JV activity
• Drafting filings and obtaining conclusions from the AMCU regarding antitrust compliance issues

Antitrust litigation

• Representation in the AMCU and in the courts
• Support during AMCU’s investigations
• Legal support in challenging the AMCU’s actions and decisions