On 12 September 2023, the President of Ukraine signed Law No. 5431 "On Amendments to Certain Legislative Acts of Ukraine to Improve the Activities of the Antimonopoly Committee of Ukraine" ("Law"), which launches a reform of Ukrainian competition law. The Law will enter into force on 1 January 2024.

On 16 September 2023 the Resolution of the Cabinet of Ministers of Ukraine "On Amendments to the Procedure for Payment of Fees for Actions Related to the Protection of Intellectual Property Rights" ("Resolution") will enter into force. The Resolution introduces new fees, provides additional reductions and clarifies existing ones.

This article explains the tools available under Ukrainian competition law that allow interested third parties (customers, suppliers, competitors, etc.) to participate in the merger review process and protect their rights and interests. It also addresses merging parties’ potential risks associated with the involvement of third parties.

On 30 August 2023, the President of Ukraine signed Law of Ukraine “On Digital Content and Digital Services” No. 3321-IX (“Law”), designed to implement EU Directive 2019/770. The principal provisions of the Law enter into force on 2 March 2024.

Sayenko Kharenko has successfully represented the interests of Oschadbank in a dispute over the unlawful usage of its trademark by the former Sberbank, in a case where Oschadbank was awarded EUR 10 million in damages.

Sayenko Kharenko has advised the EBRD on its USD 30 million secured financing to Ukrainian agro-industrial holding Astarta.

Understanding procedures, stakeholders and milestones of Ukraine’s future recovery is essential for all parties planning to be involved in that process, including on the construction side. In this effort, the key messages currently available are as follows.

On 3 September 2023, Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on the Regulation of Activities of Separate Subdivisions of a Legal Entity Established in Accordance with the Laws of a Foreign State” No. 3257-IX, dated 14 July 2023 (“Law”), entered into force.

Sayenko Kharenko has successfully represented Philip Morris in a criminal case regarding the illegal use of its trademark by a group organizing the wholesale production and sale of counterfeit Bond Street cigarettes.

The Ilyashev & Partners law firm has assisted Italian non-governmental organization Fondazione Terre des Hommes Italia ONLUS in setting up its local branch in Ukraine, advising on corporate, tax, and employment matters.

Arzinger has successfully secured the release from custody of Oleksandr Dorohan – Director of the Together We Power! charitable organization – in criminal proceedings related to his activity.

Sayenko Kharenko has successfully defended the interests of Starlink in a dispute over the early termination of the Ukrainian trademark certificate.

On 11 August 2023, the government bill No.4482 adopted by the Ukrainian Parliament, which amends certain legislative acts of Ukraine regulating the activities of separate subdivisions of a legal entity established under the legislation of a foreign state, was sent for signing to the President of Ukraine ("Draft Law").

Sayenko Kharenko has advised the EBRD on its EUR 50 million loan to Ukrainian state-owned Ukreximbank, under the Resilience and Livelihoods Framework, to support companies and municipalities affected by Russia’s war on Ukraine.

Sayenko Kharenko has advised the European Bank for Reconstruction and Development on its EUR 25 million loan to the city of Dnipro under the Resilience and Livelihoods Framework.

Sayenko Kharenko, working with Paul Hastings, has advised STG on the acquisition of Avid Technology. Sidley Austin reportedly advised the sellers.

On 9 August 2023, the Ukrainian Parliament passed an extensive set of amendments to the competition law. These currently await signature by the President and are expected to come into force on 1 January 2024, save for certain provisions that will become effective after martial law is lifted.

SDM Partners has announced the opening of a representative office in Lviv, focusing on Western Ukraine. Partner Andrii Kozhushko, who recently joined the firm from FM Logistic Ukraine, will lead the new office.