Merger control

Expansive growth, new investments, or joint ventures often trigger national merger filings. Licensing, debt restructurings and cooperation with state or municipal bodies may likewise be reportable.

We sail through all the hurdles of merger control requirements, starting from deal structuring and developing practical notification policies to negotiation and implementing remedies in complex Phase 2 cases.

In international mergers, a one-size-fits-all approach can offer efficiency, but may not always deliver the desired outcome. Compliance history, national security considerations, and other policy concerns related to specific markets in Ukraine are vital for a proper planning and notification strategies, they are part and parcel of our advice. We carefully balance these aspects with the position of the Ukrainian competition authority, ensuring a smooth and cost-effective notification process in Ukraine.

The Inly team has two decades of experience advising financial sponsors, large international and domestic companies across various industries. That is what places us among the top go-to teams in the country.

Concerted practices

The regulation of concerted practices extends far beyond classic cartels, requiring antitrust advice in distribution, cooperation, marketing, information exchange, and even the retention of employees and know-how.

Despite their increasing significance, antitrust cases often catch companies by surprise. We help to avoid mornings starting with horrible “we are being dawn raided” messages through compliance training, developing and updating antitrust compliance policies. If a company is investigated for alleged violations, we provide effective support from the very early stages, always considering the broader picture. Our team carefully weighs the consequences of proposed solutions, taking into account potential court appeals, the company’s reputation, long-term business and compliance effects.

Last but not least, where stakes are high, the engagement of a second counsel supervising the project or advising the headquarters may be necessary. Our focus is to put all the relevant factors together and help companies preserve their business in alignment with their goals and values.

Dominance

This area is often associated with abuse of dominance violations. Companies are driven by success, which often means being unique, standing out for quality or service, or being innovative with products. Customer appreciation means a leading position, which comes at the cost of exposure to stricter regulation by the competition authorities. Flexibility with a market definition may extend dominance restrictions to companies facing intense competition, despite them not associating themselves with monopolies.

We help identify the areas of risks and strike a proper balance between companies’ goals and the prohibition of abusive conduct in our compliance advice. We do pay attention to economic analysis, trends and specifics of particular markets, blending legal and economic theories with the real-world functioning of the markets. While every case is unique, our familiarity with the EU and US theories and case law ensures comprehensive solutions in response to claims and allegations.

Requests by the Ukrainian Competition Authority

Routine market studies and requests for information may carry lower risks, yet they can signal potential issues. We help management assess these risks, translating often vague competition theories of harm into clear, actionable recommendations.

For legal, accounting and marketing teams, we provide support in interpreting requests, gathering and consolidating data, as well as bridging any gaps between the Competition Authority's expectations and specific conditions of the market or company.

Antitrust litigation

Some cases end up in court, typically involving three costly and time-consuming stages of litigation.

An unfavourable decision from the Competition Authority is particularly challenging, as there is only a two-month window to prepare a position for the court.

Success in court largely depends on the defence measures taken from the outset and during the case investigation. Engaging a legal counsel later in the process – whether to strengthen the in-house team or collaborate with another counsel – can result in wasted time and resources for the selection process.

Economic theory and market studies are essential elements of most antitrust cases. The timely engagement of experts, building up a defence strategy, asking the experts the right questions, and project coordination require respective skills and experience.

Our team combines legal, economic and project management expertise, effectively increasing our clients' chances of success.

Tailormade solutions

Private litigation, antitrust complaints, damage compensation, and preserving competition by challenging distortive transactions and practices from public authorities and other market players are often underestimated. We develop tailored solutions to safeguard your interests using antitrust tools.


Experience

With 20 years of experience, including landmark merger control and competition cases, we find unique and precedent-setting solutions at the intersection of antitrust, trade and other areas.

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