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Insights June 2022

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

Insights April 2022

Merger and concerted action controls in Ukraine during martial law

Due to the introduction of martial law in Ukraine on 24 February 2022, the operations of the Antimonopoly Committee of Ukraine (AMC) have been adjusted or suspended in a number of ways. As a result, on 30 March 2022 the AMC adopted Guidelines on the filing and consideration of applications for merger clearances and concerted actions during martial law (Guidelines). To remind, Ukrainian competition legislation has exterritorial effect, meaning that concentrations finalised outside Ukraine may require approval from the AMC, if the financial thresholds provided under Ukrainian law are exceeded. Below we provide important highlights from the Guidelines with respect to merger and concerted action controls during martial

Insights December 2021

Czech Republic: Czech Government extends “Antivirus” programme offering employer financial aid

The Government of the Czech Republic has extended its “Antivirus” programme, offering employment protections for businesses affected by the ongoing Covid-19 pandemic. Antivirus provides a partial reimbursement of employee remuneration costs incurred as result of an inability to allocate work due to certain so-called barriers on the part of the employer or the employee. On 29 November 2021, the Czech government extended both Antivirus programme regimes (A and B) until 28 February 2022. Regime A had previously been set to expire by the end of 2021, while Regime B expired on 31 May 2021. Regime A assists employers whose employees have been ordered into quarantine or isolation due to a positive Covid-19 status.

Insights November 2021

Czech Republic: New rules on regional investment aid enter into force on 1 January 2022

In April 2021, the European Commission approved the revised Regional Aid Guidelines (“RAG”). The purpose of the new rules is to enable EU Member States to support the least favoured regions and to address disparities in economic wellbeing, income and unemployment. In July 2021, the European Commission approved a Czech regional aid map for 2022-2027, which specifically names the regions eligible for regional investment aid and establishes the maximum permitted aid intensity (expressed as a percentage of eligible investment costs). The rules were further implemented at a national level via Czech government decree No. 428/2021 Coll., and will be in force between 1 January 2022 and 31 December 2027. Below we provide

News September 2021

Kinstellar strengthens its Energy and Natural Resources team in Kazakhstan with appointment of Anna Kornilova as a Senior Associate

Kinstellar is delighted to announce that Anna Kornilova has joined our team in Kazakhstan as a Senior Associate.  At Kinstellar, Anna’s practice will focus on Competition and Antitrust Matters. In addition, Anna will be involved in our Energy and Natural Resources team and our Corporate and M&A practices. Anna graduated with LL.B. from the Almaty Academy of Law of the Kazakh Humanitarian Law University, international law faculty in 2007 and completed one year of studies in Washington, DC in 2002. She is a member of the Kazakhstan Bar Association, the Kazakhstan Alliance of Antitrust Experts and Eurasian Association of Antimonopoly Experts. Prior to joining Kinstellar, Anna Kornilova was a Senior Associate

Insights November 2020

Turkish Competition Board penalises five international banks for not providing requested information

The Turkish Competition Board (“Board”) recently published its reasoned decision[1] (“Decision”) concerning the requests for information pertaining to data on traders’ chat-rooms from a number of financial institutions operating in Turkey as part of its preliminary investigation[2]. The Board conducted an on-site inspection, followed by two requests for information. The initial notification by the Board requested information comprising all chat-room communications of traders resident in Turkey on the Bloomberg and Reuters platforms between 2018 and 2020. The second request consisted of the chat-room communications of foreign-based traders.[3] For failing to comply with the information request, several undertakings

Insights October 2020

Procedures and principles for social network providers in Turkey

Recent amendments to Turkish Law No. 5651 “On the Regulation of Broadcasts via the Internet and Prevention of Crimes Committed through Such Broadcasts” (the “Amendments”) have widened the scope of Law No. 5651 to cover social network providers (''SNPs''). We summarise these legislative changes in a previous article, which can be accessed here. The relevant body to oversee the application of Law No. 5651, the Information and Communication Technologies Authority (''ICTA''), has recently issued a set of Procedures and Principles that shed light on how certain questions relating to Law No. 5651 will be applied to SNPs (''Procedures and Principles''). This secondary regulation was published in the Official Gazette

Insights October 2020

Czech Republic attempts to make approval of state aid measures conditional on the absence of links to non-cooperative jurisdictions

The fight against the so-called tax havens has been a major ongoing issue both at the European Union level and also for Member States. A list of non-cooperative tax jurisdictions has been maintained by the EU since 2017. The battle against tax havens is also directly impacting the way state financial support is provided in the European Union. In July 2020, the European Commission issued Recommendation 2020/139 on making State financial support to undertakings in the European Union conditional on the absence of links to non-cooperative jurisdictions (the “Recommendation”). Pursuant to the Recommendation, EU Member States adopting measures to provide financial support to eligible undertakings in their jurisdiction will

News October 2020

Kinstellar strengthens its Ukraine practice with new Partner Olexander Martinenko

Kinstellar is pleased to announce the appointment of Olexander Martinenko as a Partner and Head of the Dispute Resolution and Commercial practices at the firm’s Kyiv office. Olexander Martinenko is a highly acclaimed and recommended leading expert in dispute resolution, commercial and competition, as well as in technology and energy matters. With nearly three decades of experience, he has advised a broad range of clients, including multi-national and local companies, state-owned enterprises, and international institutions and organisations on their business activities in Ukraine and abroad. Olexander has developed a market-leading practice appearing as counsel and Ukrainian law expert witness in international

Insights October 2020

The Turkish Competition Authority wants to take “a quick look” at employees’ personal mobile devices

Overview of recently issued “Guidelines for the Examination of Digital Data during On-site Inspections”. The Turkish Competition Authority (the “TCA”) has recently issued “Guidelines for the Examination of Digital Data during On-site Inspections (the “Guidelines”). This comes in response to a recently enacted law (no. 7246, dated 16 June 2020), which has introduced significant amendments to paragraph a) of Article 15 (“On-site Inspections”) of Law No.4054 on the Protection of Competition (“Law No. 4054”). Within the framework of these changes, the TCA is now allowed to examine all manner of data and documents stored on electronic devices and information systems during on-site inspections and/or to

Insights October 2020

Two-minute recap of recent developments in Turkish competition law – September 2020

After initiating several on-going investigations and two sector inquiries (on digital markets and on e-commerce), it can be said that September was quite an active month for the Turkish Competition Authority (TCA). In September there were 13 merger control cases, slightly less than the same period in 2019, but generally in line with the trend of increasing case numbers following the gradual wearing off of the Covid-19 effect. It can also be stated that the number of merger control cases in 2020 thus far are roughly comparable to the previous year. A 2007 TCA decision goes all the way to the Constitutional Court! For the first time in the history of Turkish competition law, the Constitutional Court

Deals October 2020

Kinstellar advises Turkey Wealth Fund on the merger control approval for its acquisition of a controlling interest in Turkcell

Kinstellar’s Kyiv office has successfully advised Türkiye Varlık Fonu (Turkey Wealth Fund) in connection with obtaining the merger control approval from the Antimonopoly Committee of Ukraine for the acquisition of a controlling interest in Turkcell İletişim Hizmetleri A.Ş. Turkey Wealth Fund (TWF) is the wealth fund and strategic investment arm of the Republic of Turkey. TWF was established in 2016 following the transfer of public shares of 20 companies in eight strategic sectors including Turkish Airlines, Ziraat Bank, Halkbank, VakıfBank, Borsa Istanbul, BOTAŞ, TPAO and Türksat, as well as two licences and various real estate assets. The main objectives of TWF are to increase the value of the state-owned assets