MYKYTA NOTA

Partner

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Information

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

Mykyta advises clients on all aspects of competition & antitrust law, including 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 15 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.

  • EDUCATION AND BAR ADMISSION

      LLM in Competition Law and Economics, Brussels School of Competition (pending)

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

      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 2023

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

      Next Generation Partner in Dispute Resolution; The Legal 500 2023

      Notable Practitioner in International Arbitration and Competition; Ukrainian Law Firms 2022

      Recommended lawyer for Competition in Ukraine; Best Lawyers 2022

      Recommended arbitrator; Ukrainian Arbitration Association

  • RECENT EXPERIENCE

      Advised Uber on obtaining a merger control clearance from the Antimonopoly Committee of Ukraine for the creation of a joint venture with Yandex. The new company is valued at USD3.8 billion

      Advised the world’s two biggest cement makers Lafarge and Holcim in connection with obtaining merger control clearance from the Ukrainian competition authority of their EUR40 billion planned merger of equals

      Advised Foster Wheeler in connection with obtaining a merger control clearance for the acquisition of control over Foster Wheeler by AMEC from the Antimonopoly Committee of Ukraine

      Acted as a legal on obtaining a merger control clearance in connection with EUR1.17 billion acquisition by Mohawk Group of Marazzi Group via purchase of 100% of shares in FINTILES S.P.A.

      Acted as the legal counsel to Chevron Philips Chemical Company in connection with obtaining a merger control clearance for the acquisition by Solvay of assets used in the engineering polymers business operated by Chevron Philips Chemical from the Antimonopoly Committee of Ukraine

      Advised the Saudi Agricultural and Livestock Investment Company Saudi Agricultural and Livestock Investment Company Saudi Agricultural and Livestock Investment Company on obtaining merger clearance for acquiring 35.4% stake in and joint control over Olam Agri Holdings Pte. Ltd

      Advised Mondelez International on obtaining merger clearance for the acquisition of confectionery business, Ricolino, by Mondelez from Grupo Bimbo

      Advised EDF, Nebras, Siemens Energy, and Quwatt on obtaining merger clearance for acquiring shares in and joint control over a greenfield full-function joint venture in Uzbekistan

      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 Lafarge Group on the sale of its cement business in Ukraine for an enterprise value of EUR96 million to CRH plc, the international building materials group

      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.

      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

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Posted on September 12, 2022

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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 […]

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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.

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.

Senior Partner

KOSTIANTYN LIKARCHUK

Kostiantyn Likarchuk is a Senior Partner of AVELLUM and Head of International Arbitration practice.

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