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Competition & EU

Ukraine

Competition authorities have increasingly far-reaching powers to investigate mergers, markets, sectors, cartels, market conduct and commercial arrangements. You face an ever increasing risk of regulatory intervention, significant penalties, damages litigation and criminal liability. Our dedicated competition and regulatory experts in CEE, including former regulators, can advise you on the entire range of contentious and non-contentious competition law issues. We regularly advise clients on competition matters across multiple jurisdictions in CEE, working closely together, to deliver consistent and joined-up advice.  We have a successful track record in representing clients before national authorities and courts, as well as the European Commission and courts.

The CMS Competition Group is one of the largest teams in the market and works closely with the CMS EU Law Office in Brussels. We support clients on all their competition law needs: cartels, horizontal and vertical restraints, abuse of dominance, merger control, state aid, investigations and compliance, regulatory appeals, criminal liability, damages litigation, public procurement and consumer protection.  Being compliant and implementing effective risk mitigation strategies is key.  We focus not only on problem solving but also on how you can avoid problems in the first place. Our large team of competition lawyers has extensive experience in helping navigate these challenges so that you can focus on your business. We have in-depth knowledge of competition rules across different countries and markets and use our sector approach to help us understand your business environment and get to grips with your issues.

Our Ukrainian team a market leader in merger control issues, general antitrust compliance and unfair competition. Our lawyers regularly take part in projects aimed at improving Ukrainian competition legislation and capacity building of the competition authority.

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10 May 2021
Vi­ol­a­tion of mer­ger con­trol pro­ced­ur­al rules: European Com­mis­sion fines...
On 3 May 2021, the European Com­mis­sion fined chem­ic­al maker Sigma-Ald­rich EUR 7.5 mil­lion for provid­ing mis­lead­ing in­form­a­tion dur­ing mer­ger con­trol pro­ceed­ings for Sigma-Ald­rich’s takeover by rival...
05 May 2021
Com­pet­i­tion law en­force­ment in the phar­ma­ceut­ic­als sec­tor in Ukraine
1. Is there any spe­cif­ic reg­u­lat­ory frame­work that deals with com­pet­i­tion reg­u­la­tion in the phar­ma­ceut­ic­al sec­tor in your coun­try? The phar­ma­ceut­ic­al sec­tor is covered by gen­er­al com­pet­i­tion reg­u­la­tions...
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05 May 2021
COV­ID-19: The Gen­er­al Court of the EU dis­misses Ry­anair's ap­peals against...
On 14 April 2021, the Gen­er­al Court of the EU, seized by sev­er­al an­nul­ment ac­tions brought by Ry­anair, con­sidered that the guar­an­tees giv­en by Fin­land to Fin­nair (Case T-388/20) and the guar­an­tees giv­en...
04 May 2021
With Il­lu­mina ac­tion, court to test EU Com­mis­sion's new mer­ger re­fer­ral...
On 29 April 2021, the US life sci­ences com­pany Il­lu­mina con­firmed that it filed an ac­tion be­fore the EU courts ask­ing for an an­nul­ment of the European Com­mis­sion’s de­cision of 19 April 2021 to ac­cept...
28 April 2021
The European Com­mis­sion ad­opts its re­vised Re­gion­al State Aid Guidelines
The European Com­mis­sion ad­op­ted on 19 April 2021 its re­vised EU Guidelines on re­gion­al State aid for the peri­od 2022–2027, to be fol­lowed by Mem­ber States when grant­ing State aid to com­pan­ies in or­der...
28 April 2021
ECJ to is­sue pre­lim­in­ary rul­ing on Ger­man FCO-Face­book case
In 2019, the Ger­man Com­pet­i­tion watch­dog Fed­er­al Car­tel Of­fice (FCO) is­sued a re­mark­able de­cision against Face­book, which has been sub­ject to on-go­ing leg­al pro­ceed­ings that have kept an­ti­trust and data...
12 April 2021
EU Di­git­al Ser­vices Act gives new leg­al frame­work for plat­form eco­nomy
The European Com­mis­sion has is­sued the draft pro­pos­al for the Reg­u­la­tion on a Single Mar­ket for Di­git­al Ser­vices (Di­git­al Ser­vices Act or DSA), which cre­ates a new leg­al frame­work for di­git­al ser­vices...
19 March 2021
Un­fair trad­ing prac­tices in the ag­ri­cul­tur­al and food sup­ply chain
Com­pan­ies act­ing in the food sup­ply chain for 2021 should re­vise their sup­ply agree­ments and har­mon­ise their busi­ness prac­tices with the new na­tion­al laws im­ple­ment­ing Dir­ect­ive (EU) 2019/633 on un­fair trad­ing prac­tices in B2B re­la­tion­ships in the ag­ri­cul­tur­al and food sup­ply chain. The un­fair trad­ing prac­tices (so-called UT­Ps) scheme must be trans­posed to na­tion­al le­gis­la­tions by 1 May 2021. WHAT? The UT­Ps scheme seeks to com­bat B2B prac­tices in the ag­ri­cul­tur­al and food sup­ply chain that grossly de­vi­ate from good com­mer­cial con­duct, are con­trary to good faith and fair deal­ing, and are uni­lat­er­ally im­posed by one trad­ing part­ner on an­oth­er. In short, the in­ten­tion of the rules is to shield ag­ri­cul­tur­al pro­du­cers or any nat­ur­al or leg­al per­son selling ag­ri­cul­tur­al and food products from UT­Ps. The Dir­ect­ive en­vis­ages that na­tion­al laws will ap­point com­pet­ent au­thor­it­ies to en­force the UTP rules. WHO? The rules are not auto­mat­ic­ally ap­plic­able to all sup­pli­er-buy­er re­la­tion­ships. The rules ap­ply when there is a sig­ni­fic­ant im­bal­ance in ne­go­ti­ation power, which is as­sessed by com­par­ing the an­nu­al turnovers of the parties. HOW? Pre­cau­tion­ary meas­ures for de­term­in­ing busi­ness re­la­tion­ship con­di­tions must be ap­plied since na­tion­al laws have a wide dis­cre­tion in de­fin­ing the UT­Ps, provided that at least those spe­cified in the Dir­ect­ive are in­cluded. The list of UT­Ps is di­vided in­to prac­tices that are al­ways for­bid­den (e.g., pay­ment peri­ods longer than 30 or 60 days (de­pend­ing on the type of products), uni­lat­er­ally chan­ging cer­tain terms of a sup­ply agree­ment, etc.) and those for­bid­den de­pend­ing on the cir­cum­stances (e.g., re­quir­ing the sup­pli­er to bear the costs of dis­counts or ad­vert­ising, or to ac­cept back un­sold products without the ob­lig­a­tion of the buy­er to pay for them or for their dis­pos­al).
09 March 2021
New com­pet­i­tion tools for di­git­al mar­kets – Ger­man com­pet­i­tion law vs....
After the new Ger­man com­pet­i­tion law came in­to ef­fect in Janu­ary 2021, ma­jor di­git­al plat­forms are now af­fected by art­icle 19a of the Ger­man Com­pet­i­tion Act. Un­der art­icle 19a, the Ger­man com­pet­i­tion...
Published on ceelegalmatters.com I March 3, 2021
Maria Orlyk Be­comes Man­aging Part­ner of CMS RRH in Ky­iv
​Long­time CMS Loc­al Part­ner Maria Orlyk has suc­ceeded Jo­hannes Trenk­walder as Man­aging Part­ner of CMS Reich-Rohr­wig Hain­ze's Ky­iv of­fice.
22/03/2021
Maria Orlyk is the new Man­aging Part­ner of CMS Reich-Rohr­wig Hainz in Ky­iv
Ef­fect­ive im­me­di­ately, long­time Loc­al Part­ner Maria Orlyk suc­ceeds Jo­hannes Trenk­walder and be­comes Man­aging Part­ner of the of­fice of CMS Reich-Rohr­wig Hainz in Ky­iv. In ad­di­tion to her new role as Man­aging...
19 February 2021
EU Gen­er­al Court dis­misses Ry­anair's ac­tions against French and Swedish...
On 17 Feb­ru­ary 2021, the Gen­er­al Court con­firmed the leg­al­ity of the European Com­mis­sion's de­cisions ap­prov­ing the French and Swedish aid schemes in fa­vour of their air­lines. These two schemes, in­tro­duced...