#07-08 July-August 2010

In focus – Competition

Antimonopoly, antitrust, competition all these terms are used to describe competition policy the set of rules supporting the operation of a market economy. Competition regulation remains to be established mostly at national level with a certain degree of harmonization

Combating Counterfeits in Ukraine as Intellectual Property Rights Violations

Angelina S. Chachuna, Oleg A. Dorofeev

In order to develop their markets to their full potential, entrepreneurs must not only increase sales of their goods and services, but also protect their investments in property and goodwill

Expert Opinion

AMCU Case Review Procedure: Issues of Concern Functioning Plainly

Maksym O. Nazarenko

The Official Report of the Antimonopoly Committee of Ukraine (the AMCU) for 2009, as published on its website, showed the highest number of cases on competition violations reviewed by the AMCU in 2009 in comparison with the previous five years

In Re

Establishment of Indirect Control over Joint Ventures

Volodymyr B. Solohub, Mykyta V. Nota

Protection of Economic Competition Act of Ukraine of 11 January 2001 (the Competition Act) provides a non-exhaustive list of transactions qualifying as concentration of legal entities

Exclusivity Arrangements: Pros and Cons

Igor V. Svechkar, Tetiana V. Vovk

Exclusivity arrangements are quite common for a wide range of products and services that a consumer comes across nowadays, especially in distribution (particularly, in such industries as pharmaceuticals, automotive, etc.)

Hostile Takeovers: Practical Aspects from a Ukrainian Antitrust Perspective

Nataliya O. Klyuk, Andriy L. Moskalyk

Though these quotations are the complete opposite of each other, they nevertheless each reflect certain aspects of the same concept. In recent years, takeovers have become omnipresent in every sphere of industry and trade, crossing all territorial and jurisdictional boundaries

Regulation of Vertical Agreements under Ukrainian Competition Law

Natalia V. Pakhomovska

In line with EC competition law Ukrainian competition law provides for a system of exemptions from general prohibition of concerted actions which may prevent, eliminate or restrict competition on the market for vertical agreements (i.e. agreements concluded between the entities which are at different levels in the production and distribution chain, such as manufacturer and wholesale distributor, wholesale distributor and dealers, dealers and retailers) and thus cannot be considered competitors

How To

The AMCUs Inspections: How they Work

Liudmyla A. Gorodnycha

State control over protection of economic competition in Ukraine is vested in the Antimonopoly Committee of Ukraine (AMCU). The AMCU ensures enforcement of competition rules in the field of merger control, concerted practices, anticompetitive behaviour, abuse of dominance, unfair competition (which, in fact, is not typical for European system of competition rules), tenders and state procurement


Developing Ukrainian Competition Law: the International Price-Fixing Angle

Alan Riley

The fact that the Brussels based European Commission has imposed over EUR 9 billion in fines for price-fixing in just four years may well not impress many executives or lawyers in Kiev

Ukraines Development as a Centre for International Arbitration Centre for Eastern Europe and CIS Countries

Sarosh Zaiwalla

Ukraine is the largest country in Europe and, as it happens, is also in the very heart of central Europe. It is, therefore, well placed to take advantage of its geographical position to attract international businesses and develop a centre for dispute resolution for Eastern Europe and CIS countries

Choice of Court Agreements: a Ukrainian Perspective

Olena S. Perepelynska

When entering into a contract with foreign companies Ukrainian entities quite often face the problem of agreeing upon a competent venue to resolve their potential disputes arising out of or connected with such a contract

Hot Issue

Investigation of Collusive Practice in Ukrainian State Procurement Procedures

Oleksandr A. Aleksyeyenko, Artur V. Yalovyy

Intense competition among participants of procurement procedures helps governments to obtain the best value for the goods and services they procure. Conversely, when competition is restricted, for example, when suppliers are engaged in collusive practice and bid rigging, taxpayers money is wasted as governments pay more than a fair price

Global Legal Update

Multinational Enterprises and Competition Law

Galyna P. Zagorodniuk

The worldwide globalization process is characterized by an impressive augmentation of a number of multinational enterprises (MNE) companies, corporations or other types of entities acting in more than one jurisdiction


Crisis Receding. Lessons Learnt

The International Trademark Association (INTA) held its 132nd Annual Meeting in Boston, Massachusetts on 22-26 May 2010

Legal Awards 2010

Alena A. Chernyavskaya

It is a tradition that at the beginning of summer gurus of legal society in Ukraine come together for the great Legal Awards ceremony. The fourth event of this kind was held on 4 June at the Hyatt Regency Hotel

Success in International Arbitration

Nataliya V. Koloskova

With the dissolution of the USSR, its former member states began to establish new business relationship with one another and the rest of the world


Nataliya V. Koloskova

Today the pharmaceutical business is influenced by many factors, one of which is the main role played by the regulatory aspect

Chamber 2010 Annual Charitable American Independence Day Picnic

The American Chamber of Commerce in Ukraine was proud to continue its longstanding tradition of organizing the Annual Charitable American Independence Day Picnic in Kiev on 3 July 2010

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