Client — a company of one of Ukraine’s largest industrial groups, operatingin the logistics and transportation management sector.

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Matter — representation of the client in commercial disputes seeking the invalidationand annulment of decisions adopted by the Antimonopoly Committee of Ukraine(AMCU). The cases concerned the lawfulness of the competition authority’sfindings, the assessment of the conduct of the relevant market participants,and the AMCU’s compliance with substantive and procedural requirements duringthe consideration of the Client's application to initiate proceedings in anabuse of monopoly position case.

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Role — a partner provided comprehensive legal support to the client,including: analysis of case materials and assessment of the AMCU’s findings;development of a legal position for appealing to the court; preparation ofstatements of claim, explanations, objections, and appellate documents;representation of the client in the Commercial Court of Kyiv and the NorthernCommercial Court of Appeal; and coordination of the legal and economic aspectsof the defense strategy.

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Jurisdiction — Ukraine.

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Courts and Authorities — Antimonopoly Committee of Ukraine; CommercialCourt of Kyiv; Northern Commercial Court of Appeal.

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Practice — Dispute Resolution |

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Significance of the Matter— the projectrequired a combination of litigation, regulatory, and economic expertise. A keyobjective was to assess not only the formal lawfulness of the AMCU’s decision,but also the validity of the procedure applied by the competition authority, aswell as the completeness of its assessment of the economic model and theconduct of market participants.