Industries

Consumer goods

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About

We deeply understand the critical intricacies of being in the consumer goods business, the specifics of regulatory issues, timing and business planning. We use this knowledge to help our FMCG clients grow their business and meet the challenges of day-to-day operation.

Our extensive experience enables us to advise our clients on various aspects of FMCG business, including:

  • export and import issues
  • financing
  • joint ventures and mergers and acquisitions
  • regulatory compliance
  • competition/antitrust issues
  • corporate governance
  • real estate
  • disputes

We also assist consumer products companies in their brand protection and management and advise on other IP-related matters, franchising and licensing agreements and data protection issues.

Being aware of the wide variety of legal and commercial issues faced by companies operating in this industry, for each matter, we select a team of lawyers who have the most experience and qualifications in the relevant issues to achieve your desired outcomes most efficiently.

Our clients include leading multinational and Ukrainian FMCG companies.

Key experience

Corporate group restructuring

Legal Advisor to New Products Group

Minorities squeeze-out procedure followed by the successful corporate reorganisation of “Jacobs Douwe Egberts Ukraina”

Legal Advisor to PrJSC “Jacobs Douwe Egberts Ukraina”

Acquisition of 100% of shares of Bonbonetti Choco (Hungary) by Roshen

Legal Advisor to Roshen

Corporate group restructuring

Legal Advisor to AVK

Related materials

News

AVELLUM ADVISES FURSHET ON UKRAINIAN MERGER CONTROL ASPECTS OF FURSHET’S ACQUISITION BY FOZZY GROUP

AVELLUM acted as the legal advisor to Furshet, a Ukrainian supermarket chain, on obtaining merger control clearance from the AMC for the acquisition of control over Furshet’s retail assets by Fozzy Group.

Posted on September 9, 2022
AVELLUM acted as the legal advisor to Furshet, a Ukrainian supermarket chain, on obtaining merger control clearance from the Antimonopoly Committee of Ukraine for the acquisition of control over Furshet’s retail assets by Fozzy Group. Furshet is a chain of fast-moving consumer goods stores operating under “Furshet” brand. It is one of the largest retail chains in Ukraine which first store dates back to 1992. Furshet pioneered the “supermarket” format in Ukraine. Fozzy Group is one of the leading Ukrainian retailers with more than 700 retail stores in Ukraine operating under brands such as “Silpo”, “Fora”, and others. AVELLUM team was led by senior associate Anton Arkhypov and associates Valeriia Lepska and Yelyzaveta Kashyna under the general supervision of partner Yuriy Nechayev.

Newsroom

AVELLUM SUCCESSFULLY DEFENDED INTERESTS OF BRITISH AMERICAN TOBACCO IN APPEAL PROCEEDINGS AGAINST AMC

The Northern Commercial Court of Appeal fully upheld BAT’s appeal against the decision of the First Instance Court revoking the decision of the AMC in part concerning BAT.

Posted on September 9, 2022
AVELLUM successfully defended the interests of “A/T Tobacco Company “B.A.T. - Pryluсky” (“BAT”), a member of British American Tobacco Group, in the dispute against the Antimonopoly Committee of Ukraine (“AMC”) regarding the challenge of its decision imposing UAH448 million fine for alleged violation of the legislation on protection of economic competition in the form of anti-competitive concerted actions, which relate to restriction of access of undertakings (buyers) to the market of primary sale of cigarettes by manufacturers. The Northern Commercial Court of Appeal fully upheld BAT’s appeal against the decision of the First Instance Court revoking the decision of the AMC in part concerning BAT. The decision of the Northern Commercial Court of Appeal came into force. AVELLUM team successfully implemented a thoroughly designed defence strategy to protect BAT’s interests, which allowed to avoid the need for premature payment of fines before the court resolves the dispute and the necessity to return wrongly paid fines from the state budget in the future. “Such decisions, which are based on a thorough analysis of the circumstances of the case and the rule of law, are the key to the stable functioning of the rule of law institutions in Ukraine and can compose a positive signal to business while assessing Ukraine as a potential investment hub,” – as mentioned by BAT. Kostiantyn Likarchuk, senior partner, noted: “This case is important for the whole industry. We are proud that our clients entrust us with the most complex and significant cases, which we successfully deal with, justifying responsibility and trust placed on us.” British American Tobacco is a leading multi-category company operating in the consumer goods segment. Founded in 1902, the company now employs more than 53,000 people worldwide. The company is running its business in more than 180 markets and has factories in more than 40 countries. In Ukraine, it owns PJSC “A/T Tobacco Company “B.A.T. - Pryluсky”, founded in 1993 based on Prylucky Tobacco Factory. AVELLUM team was led by counsel Mykyta Nota with significant support from counsels Lyudmyla Volkova and Andriy Fortunenko, and associates Valeriia Lepska and Andrii Kuleba under the general supervision of senior partner, Kostiantyn Likarchuk.

News

AVELLUM ADVISES NEMIROFF ON FIRST SUCCESSFUL PRIVATISATION OF UKRSPYRT’S ALCOHOL PRODUCTION FACILITY

AVELLUM team, led by Mykyta Nota, has become the “pioneer” working on the deal that ends the era of state monopoly in the alcohol production industry.

Posted on September 9, 2022
AVELLUM acted as the legal advisor to LLC “LVN Limited”, a part of Nemiroff Group (“Nemiroff”) on obtaining merger control clearance of the Antimonopoly Committee of Ukraine (“AMCU”) for the privatisation of a part of assets of Ukrainian State-Owned Enterprise of Alcohol and Liquor Industry “Ukrspyrt” (“Ukrspyrt”). The AMCU’s decision has become the first merger control clearance in the course of privatisation of alcohol production facilities. The privatisation took place within the framework of the reform and development program of the alcohol industry for 2020-2023, approved by the Cabinet of Ministers of Ukraine. Mykola Stetsenko, the managing partner of AVELLUM, noted: “This is a landmark transaction for the industry as a whole and the first successful privatisation case in the course of demonopolisation of the alcohol industry and privatisation of other Ukrspyrt’s facilities. AVELLUM team, led by Mykyta Nota, has become the “pioneer” working on the deal that ends the era of state monopoly in the alcohol production industry. As a result, Nemiroff became the owner of the first private alcohol production facility in Ukraine”. “Following the acquisition of the facility, Nemiroff will prioritise the gradual introduction of modern production technologies, increasing efficiency and improving the quality of alcohol. We are confident that all participants will benefit from this acquisition – both the company and consumers that will receive better quality products and the state, which will receive additional tax revenue”, – noted CEO of Nemiroff, Yuriy Sorochinskiy. Nemiroff, founded in 1992, is an international producer of alcoholic beverages of Ukrainian origin. Nemiroff products are sold in more than 80 countries and account for approximately 40% of vodka beverages exported from Ukraine. AVELLUM team was led by counsel Mykyta Nota with significant support from senior associate Anton Arkhypov and associates Valeriia Lepska and Yelyzaveta Kashyna under the general supervision of managing partner Mykola Stetsenko.

Key contacts

MYKOLA STETSENKO

Managing Partner

mstetsenko@avellum.com

Team

Practice

Private clients

We provide services related to personal tax matters, succession planning, change of tax residency, asset structuring, charity structuring, shareholders, and family disputes.

Practices

Government relations

We represent private companies, non-profit organizations, and the full range of entities and individuals with issues relating to laws, regulations, and government policies.

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