ADVANQ Successfully Defended a Client’s Interests in a Dispute With the Antimonopoly Committee of Ukraine Exceeding UAH 37 Million

04/ 02/ 2026

Listen to online Stop   The Antimonopoly Committee of Ukraine (the “AMCU”) investigated a case involving our client for an alleged violation of economic competition law. The allegations concerned a purported implementation of a concentration without obtaining the AMCU’s prior approval. Following its review, the AMCU imposed a fine exceeding UAH 37 million. The ADVANQ advised on the matter from the stage of proceedings before the AMCU and subsequently represented the client in court. The key defence position was to demonstrate that the parties to the transaction were in a relationship of control; therefore, the transaction did not qualify as a concentration and did not result in a change of control. To substantiate this position, the following evidence was submitted: - The historical evolution of the forms of control exercised by the client over the other company - Economic and resource interdependence - The client’s corporate and operational control - Inclusion of the financial indicators of the parties to the transaction in the group’s consolidated financial statements - The client’s exercise of indirect control over the other company through nominee owners The courts upheld ADVANQ’s position, noting that the AMCU’s conclusions were incomplete, did not correspond to the actual circumstances of the case, and were made in violation of applicable law. This case is yet another example of how deep expertise, a consistent legal strategy, and systematic work deliver results even in complex antitrust disputes. Managing Partner Serhii Vasylyshyn and Partner Oleh Tarasiuk led the project.

The Antimonopoly Committee of Ukraine (the “AMCU”) investigated a case involving our client for an alleged violation of economic competition law. The allegations concerned a purported implementation of a concentration without obtaining the AMCU’s prior approval. Following its review, the AMCU imposed a fine exceeding UAH 37 million.

The ADVANQ advised on the matter from the stage of proceedings before the AMCU and subsequently represented the client in court.

The key defence position was to demonstrate that the parties to the transaction were in a relationship of control; therefore, the transaction did not qualify as a concentration and did not result in a change of control.

To substantiate this position, the following evidence was submitted:
– The historical evolution of the forms of control exercised by the client over the other company
– Economic and resource interdependence
– The client’s corporate and operational control
– Inclusion of the financial indicators of the parties to the transaction in the group’s consolidated financial statements
– The client’s exercise of indirect control over the other company through nominee owners

The courts upheld ADVANQ’s position, noting that the AMCU’s conclusions were incomplete, did not correspond to the actual circumstances of the case, and were made in violation of applicable law.

This case is yet another example of how deep expertise, a consistent legal strategy, and systematic work deliver results even in complex antitrust disputes.

Managing Partner Serhii Vasylyshyn and Partner Oleh Tarasiuk led the project.