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Antitrust lawyer
An antitrust lawyer is an invaluable assistant for business. This specialist deals with various issues related to compliance with and control over the protection of economic competition rules and can participate in the organization of public procurement. The activities of an antitrust lawyer involve the application of the Law of Ukraine “On Protection of Economic Competition” and related acts. For more details on what, how this specialist can be useful to you and what the field of antitrust law covers, see this article.
Antitrust law: what disputes can arise between individuals and legal entities?
Disputes between different business entities most often arise in the following cases:
- unfair competition (for example, dissemination of false information about a product or service by another company);
- abuse of a monopoly position (in particular, a pricing policy for goods and services that is unfavorable for economic competition in the market);
- actions to simulate economic competition (for example, agreements between different companies to limit competitors’ proper access to the target audience);
- violation of the procedure for conducting public procurement (in the event of a conflict of interest during the tender procedure).
In recent years, clients have become more typical of us when they appeal to us about discriminatory tender conditions (significant restrictions on the circle of participants in the tender documentation, unjustified refusal to accept an offer, collusion between different tender participants to simulate competition, etc.). In second place are cases of violation of the rules of economic competition, defined in the Law of Ukraine “On Protection of Economic Competition”. We will talk about this in more detail in the next section.
What constitutes a violation of the rules of economic competition?
These violations can be divided into key categories in accordance with current national legislation, including:
- first, anti-competitive actions (collusion between companies to fix prices, divide markets, create obstacles for other participants, etc.);
- second, procedural violations regarding failure to comply with the requirements of the Antimonopoly Committee (ignoring decisions of a state body, submitting false information at the request of the committee, merging companies without prior approval, etc.);
- third, other restrictive actions.
What cases does the Antimonopoly Committee consider in Ukraine?
According to the Law of Ukraine “On the Antimonopoly Committee of Ukraine”, this state body is responsible for protecting competition by considering complaints from market participants and conducting scheduled inspections. Given its competence, the cases under its jurisdiction include:
- cases based on applications from individuals and legal entities (unfair competition);
- cases on the basis of submissions of state bodies (in particular, regarding the inclusion of a person in the Register of oligarchs).
Important to know! The Antimonopoly Committee of Ukraine considers cases for no longer than three years in accordance with the law and has the authority to impose fines and restrictions on the activities of individual companies. To learn more, we recommend ordering a consultation with our qualified lawyer.
Antimonopoly lawyer: what services does he provide?
Support of public procurement (tenders)
Given the significant range of issues in antitrust legislation, the services of a lawyer at our company “Prikhodko & Partners” are also comprehensive. Services in the field of public procurement are gaining the greatest popularity, given the increase in the number of government orders. In this context, an antitrust lawyer:
- checks the tender documentation for compliance with the customer’s requirements;
- analyzes the tender documentation for the presence of discriminatory conditions;
- files complaints with the Antimonopoly Committee (if necessary).
Appealing violations of economic competition rules to the Antimonopoly Committee
In the event of violations, a lawyer, after conducting a preliminary consultation to determine the nature of the violation of current national legislation, helps:
- collect evidence;
- prepare and submit an application (complaint) to the Antimonopoly Committee;
- express the client’s legal position at meetings of the state body.
Appealing decisions of the Antimonopoly Committee
If our client has doubts about the decision of the Antimonopoly Committee itself, there is also an opportunity to prepare a lawsuit for the court. This is also possible when it comes to a violation of the procedure for issuing a decision by the committee (in particular, procedural issues) or a violation of the protection of fair competition. The main services include:
- preparation of a lawsuit to the court;
- representation of the client’s interests in court proceedings;
- support for the enforcement of a court decision.
Would you like to know the price of the services of an antitrust lawyer for your case? Then please fill out the form below and expect a call from our manager within a reasonable time.
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Is a subscriber form of service possible to quickly resolve issues as they arise?
Yes, of course, we take companies for permanent support.
The subscription form of service allows you to receive a full range of legal services on an ongoing basis for a fixed monthly fee.
Our lawyers will accompany all economic legal relations of your company: from drawing up contracts and solving corporate issues to representing interests during inspections by regulatory bodies and in court disputes.
We have very flexible pricing, so contact us and we will discuss your specific case.
Do you work only in Kyiv?
Fortunately, modern technologies allow us to effectively solve almost any legal issue online regardless of your location. In cases where personal presence is necessary, our lawyers are ready to travel to any point in Ukraine. Moreover, thanks to our network of reliable partners abroad, we can provide legal support even in international cases. Our goal is to provide you with quality legal assistance wherever you are.
You may also need:
Response to the tender complaint in the Antimonopoly Committee (AMCU)
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Answer to the complaint to the antimonopoly committee
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Appealing tender procedures through the Antimonopoly Committee of Ukraine
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Appealing decisions of the Antimonopoly Committee
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Filing a complaint to the Antimonopoly Committee of Ukraine
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Complaint to the Antimonopoly Committee (AMCU) about tender purchases
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