Since the Revolution of Dignity many prominent lawyers have entered Parliament and occupied posts in Government so as to push forward reforms. And though their speed and dynamic is still far from what is expected, Ukraine is considered among record holders in terms of the number of reforms actually implemented in recent times.
Olga Ivlyeva
A number of important steps were taken in Ukraine last year in order to adapt Ukrainian merger control regulations to the legislation of the European Union. To name a few: merger filing thresholds were significantly increased and a new Merger Regulation1 was issued by the national competition authority (the Antimonopoly Committee of Ukraine).
Sergiy Glushchenko, Nazar Chuchak
For a long time, the remedies system applicable in the event of a breach of public procurement laws in Ukraine has been mainly of a pre-contractual nature. In turn, post-contractual remedies proved very hard for a claimant to pursue and have been generally seen as less effective.
Svitlana Panaiotidi, Galyna Zagorodniuk
The year 2016 saw the adoption of two important decisions by the Antimonopoly Committee of Ukraine on the pharmaceutical market. These were the cases of Alcon and Servier and their distributors. Apart from these decisions, a number of investigations against other international pharmaceutical producers and distributors are currently ongoing, so additional AMCU decisions can be expected.
Compliance has been gaining momentum within the business environment in Ukraine over the last few years. However, some scepticism remains in relation to antitrust compliance. The lack of efficient leniency program that could allow companies to report violations to the Antimonopoly Committee of Ukraine (the AMCU) in exchange for immunity from fines, no criminal sanctions for cartels and no carrots for antitrust compliance programs from the AMCU, lack of legal certainty — all these factors caused certain reluctance on the part of senior management to direct resources on antitrust compliance programs.
CMS advised EBRD
Sayenko Kharenko advised on USD 500 million Eurobond issue by MHP
Aequo — legal counsel to Piraeus Bank
Dentons advised Ingenico Group
Jeantet Ukraine announced two partner promotions
Ukreximbank filed lawsuit seeking collection of UAH 2.83 billion
SE Antonov got UAH 25 million from Ankara Airport via court action
Prevezon Holdings concluded dispute settlement agreement with US government
Supreme Economic Court of Ukraine refuses to cancel fining of Gazprom
Draft proposes better regulation of leasing of assets
Audits and unscheduled inspections reintroduced by draft law
Financial audit and auditing activities
New special sanctions hit Russian individuals & social networks
Next step taken towards establishment of National Intellectual Property Office
New procedure for issuing option certificates
NBU eased currency restrictions
Domestic government loan bonds restructuring
Agroalliance International Ltd received permit for purchase of 8 agrocompanies
Burisma obtained permit to buy Diloretio Holdings Ltd
Antidumping duties imposed on carbamide and CAM imports from Russia
Antidumping duties imposed against Russian chocolate
Swiss vote approved plan for gradual rejection of NPP
Nikolayev CHPP listed for sale
CETAM will work on Blockchain
EY European attractiveness survey published
On the path of reforms Ukrainian competition law is that very area where progress is recognized by professional circles and international community.
What are the implications of recent changes in competition law, enforcement results and subsequent logical issues that should be addressed in further reforms? We decided to ask Vladimir Sayenko and Maksym Nazarenko, key figures of the competition team at Sayenko Kharenko.
Olexander Droug, Alina Danyleiko
According to the traditional scenario, in order to protect violated rights in arbitration proceedings, a party usually has to rely on its own financial resources. Since the total costs of international arbitration may be significant, before advancing any claim to arbitration, a prospective claimant faces the dilemma of whether to initiate the arbitration proceedings at all in view of the potential financial burden.
In line with a long-standing tradition, at the end of spring every year the Ukrainian legal community comes together to celebrate the Legal Awards Ceremony held by Yuridicheskaya Practika Publishing. This year the eleventh annual legal ceremony was held on 17 May at the InterContinental Hotel Kyiv.
This month another portion of legislative novelties came from Parliament and the Cabinet of Ministers, leaving a lot of questions to consider. So we asked a handful of experts to share their views on the draft law on financial leasing, principles of ensuring the cyber security of Ukraine, and the decree that launched the next phase of ongoing IP-reform. We could certainly not ignore the resonant decision on introducing special economic and other restrictive measures, so we tried to examine its possible implications on business.
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