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MYKYTA NOTA

Partner

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Mykyta Nota is a Partner and the Head of Competition practice at AVELLUM. Mykyta focuses on competition & antitrust, arbitration, and cross-border litigation.

Mykyta advises clients on all aspects of competition & antitrust law, involving merger control, concerted practices, abuse of dominance, state aid, unfair competition, and competition litigation.  He also counsels on antitrust matters in relation to multinational and domestic acquisitions and joint ventures, including merger clearances by the Antimonopoly Committee of Ukraine.

He regularly acts for clients in international arbitrations under the ICC and LCIA Arbitration Rules.

Mykyta Nota boasts over 11 years’ experience in representing clients in post-M&A and shareholders’ disputes in high-profile cross-border matters across various sectors like fast-moving consumer goods (FMCG), energy, agriculture, banking, and the real estate sectors. Mykyta is experienced in resolving complex competition disputes involving multinational companies, particularly claims on private enforcement of competition law and annulment of decisions of the competition authority.

Get in touch

mnota@avellum.com
+380 (44) 591 33 55

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  • EDUCATION AND BAR ADMISSION

      Master of Law degree, 2009, Institute of International Relations at Kyiv National T. Shevchenko University

      ICC Advanced Arbitration Academy for Central and Eastern Europe, 2015

      Fellow of the Chartered Institute of Arbitrators (FCIArb)

      Member of the Ukrainian Bar Association

      Member of LCIA Young International Arbitration Group

      Member of Young Arbitrators Forum of the ICC

      Member of Young International Council for Commercial Arbitration (ICCA)

  • RECOGNITION

      Leading individual for Competition in Ukraine The Legal 500 (2022)

      Recommended lawyer (up and coming) for Competition and Antitrust in Ukraine; Chambers Europe 2022

      Next Generation Partner in Dispute Resolution The Legal 500 (2021 - 2022)

      Notable Practitioner in International Arbitration and Competition Ukrainian Law Firms 2021

      Recommended lawyer for Competition in Ukraine Best Lawyers 2022

      Recommended arbitrator Ukrainian Arbitration Association

  • RECENT EXPERIENCE

      Advised JSC “Kaspi.kz” in connection with the acquisition of 100% shares in Portmone Group by Kaspi Pay, a wholly owned subsidiary of Kaspi.kz

      Successfully defended the interests of “A/T Tobacco Company “B.A.T. - Pryluсky”, a member of British American Tobacco Group, in the dispute against the AMC regarding the challenge of its decision imposing UAH448 million fine for alleged violation of the legislation on protection of economic competition

      Advised Samoran Investments Limited, a company affiliated with Yakov Gribov, a beneficiary of Nemiroff Group, on obtaining merger control clearance of the AMC for the acquisition of shares in Rostok Agroinvest Limited

      Advised LLC “LVN Limited”, a part of Nemiroff Group on obtaining merger control clearance of the Antimonopoly Committee of Ukraine for the privatisation of a part of assets of Ukrainian State-Owned Enterprise of Alcohol and Liquor Industry “Ukrspyrt”

      Represented British American Tobacco in a dispute that arose from an over EUR245 million fine imposed by the AMCU on large tobacco manufacturers in Ukraine and their distributors for cartel conspiracy

      Represented retail chain KARAVAN in the USD1.5 billion cartel investigation conducted by the AMCU with respect to international and local trade networks on the exchange of information between them through an international marketing research organization

      Advised one of the largest mobile operators in Ukraine on filling an appeal against the AMCU's decision, developing a defense strategy, and representing the client in the court of first instance

      Represented one of the largest low-cost airlines in Europe and its Ukrainian subsidiary on a number of Ukrainian antimonopoly legislation issues related to the application of discount schemes by Boryspil Airport and other Ukrainian airports

      Advised a major Japanese automotive company on antitrust aspects of Ukrainian law concerning the revision of a distribution agreement with a key distributor in Ukraine

      Advising a German multinational engineering and technology company on various aspects of competition, including the organisation of the supply chain, relations with distributors, exchange of information with competitors, and membership in associations and unions

      Successfully defeated a USD20 million claim in an “exceptionally hard-fought” LCIA arbitration, being a part of a multi-hundred million US Dollars shareholders dispute with parallel litigation proceedings in 6 jurisdictions

      Advised a large corporate group of investors into Ukrainian renewable energy on potential investment arbitration claim against Ukraine

      Represented the client in a large multijurisdictional shareholders’ dispute involving LCIA proceedings, court proceedings in Cyprus, Liechtenstein, Switzerland, Belize, asset tracing and fraud investigations in connection with the fraudulent misappropriation of assets by former business partner of the client

      Represented a minority shareholder of one of the leading Russian commodities production company in a potential LCIA arbitration with regard to recovery of USD60 mln debt

      Acted for a high net worth Ukrainian individual in a hard-fought and complex proceedings in Jersey with regard to the enforcement of the ICC arbitration award

      Acted for the client in connection with enforcement of the Ukrainian court judgment in Canada. Avellum coordinated work of Canadian legal counsel and the expert on Ukrainian law

Related materials

Legal alerts

Can the Ukrainian business be excluded from a global transaction to avoid the need for Ukrainian merger clearance?

Recently, the Ukrainian competition watchdog has made it clear that the answer is no. On 22 June 2023, the regulator imposed a hefty fine (around EUR 623,375) on Cheplapharm Arzneimittel for violating the standstill obligation and closing the acquisition of the Valcyte® business from Hoffmann-La Roche during the Phase II review. What happened? In December 2021, the parties asked […]

Posted on September 12, 2022

Newsroom

AVELLUM ADVISES ON ACQUISITION OF 55% STAKE IN UPD

AVELLUM acted as the legal counsel to the parties in connection with obtaining merger control clearance from the Antimonopoly Committee for the acquisition by Q Partners.

Posted on September 12, 2022
AVELLUM ADVISES ON ACQUISITION OF 55% STAKE IN UPD

Newsroom

AVELLUM PROMOTES MYKYTA NOTA TO COMPETITION PARTNER

AVELLUM is pleased to announce the promotion of Mykyta Nota to partner effective from 1 January 2022. Mykyta leads the firm’s competition practice and has an outstanding track record in all aspects of competition & antitrust law, involving merger control, concerted practices, abuse of dominance, state aid, unfair competition, and competition litigation. Mykyta is also […]

Posted on September 12, 2022

Newsroom

AVELLUM ADVISES ON SUCCESSFUL PRIVATISATION OF BILSHOVYK PLANT

AVELLUM acted as the legal counsel for the privatization of the Joint Stock Company “First Kyiv Machine-Building Plant” (“Bilshovyk Plant”).

Posted on September 12, 2022
AVELLUM ADVISES ON SUCCESSFUL PRIVATISATION OF BILSHOVYK PLANT 13 JANUARY 2022

Newsroom

AVELLUM ADVISES KASPI.KZ ON ACQUISITION OF PORTMONE

AVELLUM acted as the Ukrainian legal counsel to JSC “Kaspi.kz” (“Kaspi.kz”) in connection with the acquisition of 100% shares in Portmone Group (“Portmone”) by Kaspi Pay, a wholly owned subsidiary of Kaspi.kz.

Posted on September 12, 2022
AVELLUM acted as the Ukrainian legal counsel to JSC “Kaspi.kz” (“Kaspi.kz”) in connection with the acquisition of 100% shares in Portmone Group (“Portmone”) by Kaspi Pay, a wholly owned subsidiary of Kaspi.kz. AVELLUM provided full legal support to Kaspi.kz in performing legal due diligence of Portmone, negotiating and drafting the transaction documents, as well as coordinating completion of the entire transaction. AVELLUM advised the client on obtaining merger control clearance of the Antimonopoly Committee of Ukraine and the approval of the National Bank of Ukraine for the acquisition of the significant stake in Portmone. The acquisition of Portmone gives Kaspi Pay a solid starting platform with a payments licence from the National Bank of Ukraine, Visa & Mastercard accreditation, business relationships with thousands of merchants and a wide pool of banks. Kaspi.kz’s ecosystem connects consumers and merchants, enabling digital payments, e-commerce, and financial services. Kaspi.kz serves customers in Kazakhstan and Azerbaijan. Founded in 2002 in Ukraine, Portmone provides electronic delivery of bills from service providers to customers, payment of customers’ bills via the Internet with Visa and Mastercard, and delivery of customers’ electronic bills to banks and payment of these bills via ATM’s, self-service kiosks and Internet banking systems. The AVELLUM team was led by managing partner Mykola Stetsenko with support from associates Yelyzaveta Kravtsova, Oleksandr Kozhukhar, and Anastasiia Karpenko, who handled corporate and M&A matters. Senior associate Anton Arkhypov and associate Yelyzaveta Kashyna advised on antitrust matters under the general supervision of counsel Mykyta Nota. Counsel Andriy Romanchuk, associates Yelyzaveta Kravtsova, Iryna Fonotova, and Anastasiia Karpenko assisted with obtaining the approval of the National Bank of Ukraine.

News

AVELLUM DEFEATS USD20 MILLION CLAIM IN AN “EXCEPTIONALLY HARD-FOUGHT” LCIA ARBITRATION

AVELLUM defeated a USD20 million claim in an “exceptionally hard-fought” LCIA arbitration. In a detailed Award issued in June 2021, the LCIA Tribunal dismissed claims against the client of AVELLUM, finding fraud and dishonesty on the claimant’s side.

Posted on September 12, 2022
AVELLUM defeated a USD20 million claim in an “exceptionally hard-fought” LCIA arbitration. In a detailed Award issued in June 2021, the LCIA Tribunal dismissed claims against the client of AVELLUM, finding fraud and dishonesty on the claimant’s side. The arbitration is part of a multi-hundred million US Dollars shareholders dispute with parallel litigation proceedings in 6 jurisdictions. At the final virtual hearing, AVELLUM cross-examined over two dozens of the claimant’s witnesses of fact, whilst the hearing bundles included thousands of documents dating back to late 1990s. Kostiantyn Likarchuk, a senior partner, commented: “The Tribunal characterised this arbitration as exceptionally hard-fought with the most serious accusations advanced on both sides. We are pleased to have prevailed in this complicated legal battle, which covered almost all conceivable arbitration-specific topics, including the bifurcation of proceedings, security for costs, disclosure from third parties, forensic examination and claims of legal professional privilege pertaining to evidence, as well as various matters as regards the Tribunal’s jurisdiction. This case is exemplary of justice ultimately prevailing if being fought for with determination.” AVELLUM team in this arbitration was led by senior partner Kostiantyn Likarchuk with significant support from counsel Mykyta Nota, senior associates Mariana Antonovych and Oleksii Maslov, and associate Anna Vlasenko.

Partner

VADIM MEDVEDEV

Vadim Medvedev is a Partner with AVELLUM's Tax and Litigation practices.

Managing Partner

MYKOLA STETSENKO

Mykola Stetsenko is the Managing Partner at AVELLUM and the Head of Corporate/M&A Practice. His additional expertise covers tax, competition, and real estate.

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