Arzinger team successfully defended the interests of Imperial Tobacco Group in Ukraine
Arzinger team successfully defended the interests of Imperial Tobacco Group in Ukraine, one of the leading manufacturers of tobacco products in Ukraine, in a high-profile dispute on challenging the decision of the Antimonopoly Committee of Ukraine (AMCU) imposing a UAH 460 mln fine for alleged anticompetitive concerted actions. On 1 June 2021, the Ukrainian Supreme Court overturned the decisions of two lower courts and cancelled the AMCU decision with regard to the Client.
To recall, on 10 October 2019, the AMCU imposed a record-breaking fine, the largest one in the Ukrainian history, on four international tobacco manufacturers including Imperial Tobacco in Ukraine and their wholesale distributor Tedis Ukraine totaling UAH 6.5 billion for alleged anticompetitive concerted actions. On 20 July 2020, the Commercial Court of Kyiv, where the Imperial Tobacco companies brought an action against the AMCU, dismissed the Client's claims, having ruled in favour of the AMCU. On 2 February 2021, the Northern Commercial Court of Appeal, where the companies filed an appeal against the decision of the First Instance Court, dismissed the Client's appeal. The Client, seeking justice, appealed to the Supreme Court with the aim to defend its rights.
Due to a well-developed legal strategy and numerous pieces of evidence provided by the Client's team and Arzinger's lawyers, the Supreme Court confirmed that the Client's actions did not violate Ukrainian competition laws.
The Arzinger team was headed by Managing Partner Timur Bondaryev and Founding Partner Sergii Shkliar. The project was directly supervised and guided through the litigation proceedings by Counsel, attorney-at-law Oleksander Dyakulych and Associate, attorney-at-law Iryna Hutnik, supported by the team comprised of Counsels Oleksii Prudkyi and Oksana Karel, Senior Associates Iurii Rybak and Daryna Hrebeniuk, Associate Anastasiia Panchak, Junior Associates Mykhailo Lazoryshynets and Anna Vyshnevska, and Paralegal Olena Nasienkova.