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Competition & EU

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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27/07/2022
In­vest­ing and Do­ing Busi­ness in Ukraine 2022
Com­piled with the be­ne­fit of the ex­per­i­ence of part­ners at CMS Camer­on McK­enna Nabarro Olswang Ukraine, this ex­tens­ive guide cov­ers over 25 sec­tors and in­dus­tries and key im­pacts of the war on busi­ness in Ukraine.
15/07/2022
EU­'s Gen­er­al Court con­firms Com­mis­sion's new mer­ger re­fer­ral policy in...
Un­der Art­icle 22 of the EU Mer­ger Reg­u­la­tion (EU­MR), na­tion­al com­pet­i­tion au­thor­it­ies have the pos­sib­il­ity to re­quest re­fer­ral to the Com­mis­sion of any mer­ger, which does not meet the thresholds of the...
24/06/2022
Reg­u­la­tion on for­eign sub­sidies is head­ing for the fin­ish line - European...
Since 5 May 2022, EU tri­logue ne­go­ti­ations have been un­der­way on the first Reg­u­la­tion to lim­it the ef­fect of sub­sidies from third coun­tries to com­pan­ies act­ive in the EU. That an agree­ment will be reached...
23/05/2022
Ten key takeaways of the draft re­vi­sion for the EU mer­ger con­trol pro­ced­ure
Fol­low­ing its eval­u­ation of pro­ced­ur­al and jur­is­dic­tion­al as­pects of EU mer­ger con­trol, on 6 May 2022 the European Com­mis­sion pub­lished drafts for a re­vised Mer­ger Im­ple­ment­ing Reg­u­la­tion (in­clud­ing Form...
12/05/2022
10 key as­pects of the re­vised EU com­pet­i­tion law in the field of dis­tri­bu­tion...
The new Ver­tic­al Block Ex­emp­tion Reg­u­la­tion (VBER) and the new ac­com­pa­ny­ing Ver­tic­al Guidelines (VGL) were pub­lished on 10 May 2022. The new VBER will enter in­to force on 1 June 2022 and ap­ply for the...
11/05/2022
The Gen­er­al Court of the EU con­firms the leg­al­ity of the res­cue aid to...
On 4 May 2022, the Gen­er­al Court of the EU con­firmed the leg­al­ity of the Com­mis­sion's de­cision ap­prov­ing res­cue aid of 36.66 mil­lion EUR from Ro­mania to the air­line TAR­OM. It found that the aid was in­deed...
24/02/2022
Pro­pos­al for EU Data Act ad­op­ted – Com­mis­sion Aims at Boost­ing Europe’s...
Fol­low­ing con­sulta­tion and in­tens­ive in­tern­al dis­cus­sions in 2021, the European Com­mis­sion on 23 Feb­ru­ary re­leased its pro­pos­al for a “Data Act”. If ad­op­ted by EU law­makers, this reg­u­la­tion will in­tro­duce...
24/02/2022
The European Com­mis­sion has en­dorsed its new Cli­mate, En­ergy and En­vir­on­ment­al...
The European Com­mis­sion’s re­vised Guidelines on state aid for cli­mate, en­vir­on­ment­al pro­tec­tion and en­ergy (« CEEAG ») have been en­dorsed on 27 Janu­ary 2022. The CEEAG re­place the Guidelines on...
09/02/2022
Un­fair trad­ing prac­tices in the ag­ri­cul­tur­al and food sup­ply chain in Ukraine
1. How are un­fair trad­ing prac­tices in the ag­ri­cul­tur­al and food chain reg­u­lated in this jur­is­dic­tion? When the ap­plic­able reg­u­la­tions were in­tro­duced and when they were last amended? In Ukraine, there...
Comparable
27/01/2022
Un­fair Trad­ing Prac­tices in the Agri-Food Sup­ply Chain in CEE: a new state...
The func­tion­ing of the food sup­ply chain has been sub­ject to ana­lys­is by the European Com­mis­sion (the Com­mis­sion) since 2008. One of the main find­ings was the ex­ist­ence of im­bal­ances in bar­gain­ing power...
26/01/2022
Res­ults of IoT Sec­tor In­quiry out: Com­mis­sion con­firms con­cerns, con­siders...
1. In­tro­duc­tion On 20 Janu­ary 2022, the European Com­mis­sion pub­lished its Fi­nal Re­port on the con­sumer In­ter­net of Things (the “IoT”) Sec­tor In­quiry, which it launched in 2020 (see press re­lease...
06/12/2021
In­vest­ing and Do­ing Busi­ness in Ukraine 2021 Guide
A guide cov­er­ing over 25 sec­tors and in­dus­tries