Klaus Kessler

Phone: +380 (44) 586 23 03

The Economic Code of Ukraine is a piece of legislation that regulates the issues of responsibility for infringements in the economic sphere. Possible sanctions include reimbursement for the incurred damages, penalties or operating economic sanctions. The Antimonopoly Committee of Ukraine has ever more increasingly chosen to apply the EU antimonopoly provisions to make the rules of the game more transparent for all market participants and to emphasize the importance of the antimonopoly law for the market participants in the process of establishing own business. More severe penalties (up to 10% of the annual income) have made many businesses reassess their views regarding the importance of the recent amendments and antimonopoly regulation.

We offer advice and legal support to businesses in a range of industries including automotive, mechanical engineering and nuclear industry, pharmaceutics and medicine, wholesale and retail, finance and banking, insurance and mass media on any issue of the Ukrainian antimonopoly and competition law, including such areas as tendering law and investing in strategic importance industries.

Our legal team liaisons with the Ukrainian antimonopoly authorities and has extensive experience in the sphere of the German and EU antimonopoly law and therefore we are able to offer our clients a comprehensive range of advisory services in connection with international transactions and establishment of a business.

In addition, our team has gained the extensive experience of providing legal support to the distribution and procurement functions. Our focus in this sphere is transaction structuring, review and drafting of sale and purchase contracts, including franchising agreements, and product quality liability issues. We are committed to provide legal support during the formalization of international projects and transactions – always with due consideration of the interests of our clients and the product specifics; to protect our clients’ intellectual property rights and generally to minimize the risks of doing business in Ukraine.

Our focus is on the advisory support in the following areas:

  • Competition agreements, joint distribution ventures, due diligence and establishment of joint ventures, reviews of sale contracts, license agreements and other vertical and horizontal cooperation formats as well as industry agreements;
  • Agreements on the grant of exclusive rights, on uniform pricing and on the procurement rights;
  • Discrimination and market limitation bans; bans on misuses of the dominant position at the market; statutory bans established by the antimonopoly law regarding market player behavior in the specific demand and supply markets;
  • Economic concentrations in M&A transactions;
  • Antimonopoly procedure law (the procedures for application of penalties, for investigations by the antimonopoly authorities, civil procedure disputes connected with the antimonopoly law);
  • Company actions admissible by the competition law and disputes subject to settlement under the competition law;
  • Protection of the distribution chains;
  • Tendering law (tendering terms and conditions, bidding in tenders and control);
  • Investing in the strategic importance industries;
  • Distribution chain reviews and establishment (dealers, selective distribution channels, franchising, trade agents, licensing systems, e-trading);
  • Drafting of any contracting document, including the agreement subject matter and type typical of a particular industry (R&D contracts, cooperation agreements, service contracts, etc.);
  • Legal principles regulating the general terms of business for commercial transactions;
  • Support during negotiations;
  • E-trading / Internet;
  • Quality-related liability; the manufacturer’s liability under the civil law;
  • Specialized industrial requirements to product safety.