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Overview of "gun-jumping" cases in Ukraine
The Antimonopoly Committee of Ukraine (AMC) is increasing enforcement efforts against so-called “gun-jumping” violations (i.e. a merger or acquisition executed without the prior approval of the AMC), demanding stricter scrutiny even for transactions with a perceived limited impact on the Ukrainian market. Between January 2022 and October 2024, the AMC imposed not only fines on companies that failed to obtain a prior clearance, but also on those that sought approvals after already closing their deals. To avoid penalties, companies must ensure they have secured AMC clearance before closing transactions, as even war-related challenges do not exempt firms from compliance requirements. Our Ukraine Competition &
Kinstellar advises Orbico on strategic acquisition in Ukraine
Kinstellar has acted as Ukrainian legal counsel to Orbico Group on the acquisition of a controlling stake in SAV 92, a leading Ukrainian distributor of branded international and Ukrainian food and non-food products. This multi-stage transaction marks a significant step in Orbico's strategic expansion into the Ukrainian market. Orbico Group is a leading distributor of a large number of globally known brands ranging from beauty care to motor oil products. Orbico cooperates with more than 180 suppliers, manages more than 500 global and local brands, and supplies to more than 59,000 customers. Kinstellar’s advice included due diligence, securing unconditional merger control clearances for a gradual transfer of control
Ukraine temporarily exempts certain foreign-to-foreign concentrations from merger control requirements
The Ukrainian Competition Law was amended to exempt certain transactions in the military and defence sector from merger control requirements. As a result of these amendments, merger control requirements in Ukraine will not apply to foreign-to-foreign concentrations so long as the certain criteria are satisfied. Click on one of the images below or click on the following links to read the alert in English or in Ukrainian. Download in English: Download in Ukrainian:
AMC increases fines for competition law violations in Ukraine
A so-called Procedure for Determining the Amount of Fines Imposed for the Violation of Laws on the Protection of Economic Competition (the “Procedure”) issued by the Antimonopoly Committee of Ukraine (“AMC”) in 2023, and binding since 21 February 2024, has come into force in Ukraine. The Procedure replaces the earlier AMC Recommendations on the Calculation of Fines for the Violation of Ukrainian Competition Laws. The Procedure allows the AMC to impose significantly higher fines for competition law violations in Ukraine (the percentage imposed may range from 15% to 30% of the revenue on the relevant market depending on the given violation and circumstances). Indeed, we anticipate that the Ukrainian authority will
Settlement procedure: Overview for businesses in light of Ukraine's new competition law
Building on established practices, and taking inspiration from the successful experiences of international partners, the Ukrainian competition authority (the Antimonopoly Committee of Ukraine) has introduced a settlement procedure for cartels and abuse of dominance cases. The procedure became effective on 30 January 2024 within the framework of recent competition law reforms. The procedure is designed as a "win-win" enforcement tool that can both simplify and expedite the adoption of cartel or abuse of dominance decisions, and reduce fines by 15%, provided that defendants meet the respective competition authority eligibility requirements. For more details, please see our leaflet covering this topic in English and
Improved leniency policy: Overview for businesses in light of Ukraine's new competition law
A leniency procedure has been in place in Ukraine for many years. However, available data suggests it has been severely underutilised. A recent first stage of competition law reforms in Ukraine introduced, among other things, an improved leniency policy. The changes, implemented in February 2024, are aimed at aligning the respective local regulations more closely with EU laws. The most noteworthy changes include: in addition to full immunity for a first applicant, the programme offers a reduction in fines for other cartel participants applying for leniency; the possibility to conduct anonymous preliminary consultations with the regulator; a detailed procedure for obtaining a marker.
Dawn raids: Guidelines for businesses in light of Ukraine's new competition law
At present, even though the Antimonopoly Committee of Ukraine (AMC) does not actively conduct inspections, conducting dawn raid inspections is still permissible during martial law. On 6 February 2024, the updated Dawn Raids Procedure was implemented in Ukraine in order to make the process more transparent and lucid. The document outlines the steps that the AMC must take in order to carry out a dawn raid, as well as the step-by-step protocols for each stage of the inspection, such as taking pictures, recording audio or video, seizing or restricting evidence, checking and sealing the premises and other possessions, and copying papers and data storage devices. There are three noteworthy changes to the updated process:
Kinstellar announces new promotions to Counsel
February 2024 – Kinstellar is delighted to announce the promotions to Counsel of: Yerlan Akhmetov, Kuanysh Shekerbekov (Almaty, Kazakhstan), Cătălin Dinu, Cătălin Graure (Bucharest, Romania), Barnabás Sági (Budapest, Hungary), Yulia Eismont, Maksym Tesliar (Kyiv, Ukraine), Michal Forýtek (Prague, Czech Republic), Andrijana Kaštelan, Vedran Kopilović, Marija Vuchetich (Zagreb, Croatia). ALMATY Yerlan Akhmetov focuses on banking and finance, M&A and capital markets matters. Having been with the Firm for nine years, Yerlan has earned a reputation for cultivating strong client relationships, demonstrating leadership qualities and making significant contributions to our firm's success. He has played a key role
Ukrainian competition law reform to kick of in 2024
On 1 January 2024, Law of Ukraine No. 3295-IX (Law), aimed at strengthening the powers of the Antimonopoly Committee of Ukraine (AMC) and overhauling Ukrainian competition laws by aligning them more closely with European Union standards, will come into force. The most notable changes include an improved leniency policy, the introduction of a settlement procedure for cartels and abuse of dominance cases, clear deadlines for AMC investigations, and enhanced controls over concentrations, including updated filing thresholds. Click on one of the images below or click on the following links to read the overview in English or in Ukrainian. Download in English: Download in Ukrainian:
Long-awaited changes to the competition law in Ukraine
Yesterday, 9 August 2023, the Ukrainian parliament adopted long-awaited amendments to the country’s competition law (the "Amendments"), which is the first step towards an extensive overhaul of Ukraine’s antitrust and merger control rules. The Amendments are pending the signature of the president and are expected to come into force on 1 January 2024 (except for certain provisions, which will take effect after the cancellation of martial law). Although the final text of the Amendments is not yet available, it has been reported that the key changes are aimed at: i) the implementation of additional antitrust rules to boost the leniency program in Ukraine, ii) the introduction of the concept of the infringer’s joint and
Kinstellar announces new promotions to Partner and Counsel
Kinstellar is delighted and proud to announce the promotions to Partner of Tomáš Melišek (Bratislava), Levente Hegedűs (Budapest), Bulut Girgin (Istanbul), Anastasiya Bolkhovitinova, Natalia Kirichenko, Oleg Matiusha, Illya Muchnyk (all in our Kyiv office), and to Counsel of Dominika Bajzáthová (Bratislava). PARTNERS Tomá š Melišek, Bratislava Tomáš is the Head of the local Banking & Finance service line. He has 15 years of experience in banking and finance, focusing on project and acquisition financing as well as on financial regulations. Tomáš has substantial experience advising clients on significant financing transactions in the areas of real estate, energy, infrastructure, automotive, media
Merger and concerted action controls in Ukraine: Usual norms are resumed
Starting from 20 June 2022, the Antimonopoly Committee of Ukraine (AMC) will resume merger and concerted action controls in Ukraine as usual, which means that standard merger and concerted action control rules and timelines will apply during the martial law in Ukraine and afterwards. Until then, the AMC᾿s earlier Guidelines on the filing and consideration of applications for merger clearances and concerted actions during martial law (Guidelines) shall apply to all merger and concerted action applications submitted to the authority during 30 March 2022 – 17 June 2022 (inclusive). The AMC also renews consideration of all earlier postponed applications. All those applied to the AMC under special regime provided by the Guidelines