Competition law and government relations (GR)
A practice for companies whose main risk comes from the state as regulator: merger clearances and investigations by the Antimonopoly Committee of Ukraine, support during inspections and defence against administrative pressure, and, as a premium layer on top, influence over the rules of the game through lawmaking and advocacy.
Why businesses choose this PROCTOR practice
Business today needs not only legal protection, but professional engagement with the state.
PROCTOR advises clients on regulatory policy, legislative change and dealings with public authorities, business associations and sector regulators, giving the business comprehensive protection of its interests.
One of the key strengths of PROCTOR is a practical understanding of the mechanisms through which the state and business interact. Through active involvement in professional associations, work on industry initiatives and support for systemic legislative change, we help clients not only to adapt to a new regulatory environment, but to take part in shaping it.
It is this approach that allows our clients to stay ahead, to respond to shifts in state policy in good time and to take strategic decisions with the future development of legislation in mind.
Advice on concerted practices
Assessment of distribution, dealership and franchise models for prohibited vertical restraints: price fixing, market sharing, exclusivity.
Unfair competition
Defence against the misuse of business reputation, the spreading of discrediting information and the copying of the get-up of products - through the Antimonopoly Committee of Ukraine and the courts.
Competition law compliance programmes
Drafting internal policies and training staff to prevent infringements: rules for communicating with competitors, for taking part in associations and tenders, and dawn raid instructions.
Lines of work
The services this practice runs.
- Government relations and protection from state pressureWe support inspections by the State Tax Service, the State Labour Service, the State Service for Food Safety and Consumer Protection and other bodies, and prepare objections to inspection reports. We obtain licences, permits and approvals and challenge refusals. We build communication with regulators and law enforcement agencies, challenge orders, fines and inaction of the authorities, and counter systemic pressure on business.
- Merger clearance and antitrust investigationsWe analyse whether clearance from the Antimonopoly Committee of Ukraine is needed in M&A deals, prepare applications for concentrations and concerted actions and support their review through to the decision of the Committee. We represent companies in cases on abuse of a dominant position and anticompetitive concerted actions, and challenge decisions and fines of the Antimonopoly Committee in court, including with a stay of enforcement.
- Public advocacy and lawmakingWe draft bills, government resolutions and ministerial orders with a full set of accompanying documents, analyse the regulatory impact of initiatives on business and give expert opinions on draft acts. We present the position of the industry in parliamentary committees, ministries and regulators, work through business associations and run advocacy campaigns.
- Public procurementRepresentation before the Antimonopoly Committee of Ukraine as the procurement review body: complaints about discriminatory tender conditions and unlawful decisions of contracting authorities, defence of winners against complaints by competitors.
How we run work with the state
The route from an assessment of the regulatory risk to a decision of the authority or the court that closes the question for the business.
01
Reading the regulatory situation
We establish which authority has reached the business and on what grounds: a clearance, an investigation, an inspection or a bill. We prepare a map of risks with the deadlines to be met.
02
Legal position and scenarios
We form the position of the company and cost out the scenarios: settle with the authority, challenge the decision or change the rule itself. We pick the one that is cheaper for the business.
03
Preparation of documents
We draft applications, explanations, objections to inspection reports or draft rules together with the evidence and the economic reasoning. Every document is written for the particular authority.
04
Work with the authority
We handle communication with the Committee, the regulator or a parliamentary committee: submissions, hearings, working groups and conciliation meetings. The client sees the position of the other side before the decision.
05
Challenge and securing the result
If the decision of the authority harms the business, we challenge it in court, including with a stay of enforcement. After the dispute we leave the company rules of conduct for the future.
Formats of work on a regulatory question
The scope depends on whether this is a single submission, one matter, or a standing engagement with the state.
Assessment of a regulatory risk
We take apart one question: whether clearance is needed, whether an inspection is lawful, what a new draft rule threatens. The result is a written opinion with options for action.
Case before an authority
We take on one matter from the filing of documents to the decision: an application for a concentration, an investigation, an inspection or a dispute with an authority.
Standing regulatory support
The team runs all relations of the company with the state: clearances, inspections, disputes, monitoring of legislation and representation of the industry position before the authorities.
The industries we do it in
The sectors of business this practice works in from the first day.
