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

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

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.

Authors

KOSTIANTYN LIKARCHUK

Senior Partner

klikarchuk@avellum.com

MYKYTA NOTA

Partner

mnota@avellum.com

ANDRIY FORTUNENKO

Partner

afortunenko@avellum.com

ANDRII KULEBA

Senior Associate

akuleba@avellum.com

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