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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

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.

News

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 12, 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 SAMORAN INVESTMENTS LIMITED ON MERGER CONTROL CLEARANCE FOR ACQUISITION OF ROSTOK AGROINVEST LIMITED

AVELLUM advised Samoran Investments Limited, a company affiliated with Yakov Gribov, a beneficiary of Nemiroff Group, on obtaining merger control clearance of the Antimonopoly Committee of Ukraine for the acquisition of shares in Rostok Agroinvest Limited.

Posted on September 12, 2022
AVELLUM acted as the legal advisor to Samoran Investments Limited, a company affiliated with Yakov Gribov, a beneficiary of Nemiroff Group, on obtaining merger control clearance of the Antimonopoly Committee of Ukraine for the acquisition of shares in Rostok Agroinvest Limited. Samoran Investments Limited is a holding company with a diversified portfolio of assets in the fields of production of oil and agricultural products. Rostok Agroinvest Limited is a part of Rostok-Holding agro-industrial group. AVELLUM team was led by counsel Mykyta Nota with significant support from senior associate Anton Arkhypov and associates Valeriia Lepska and Yelyzaveta Kashyna.

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 12, 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.

News

MYKYTA NOTA JOINS AVELLUM AS COUNSEL IN COMPETITION & ANTITRUST, ARBITRATION, AND CROSS-BORDER LITIGATION PRACTICES

Broad experience of Mykyta and his team adds to AVELLUM's strong standing in these areas, and allows to better address the clients’ needs and meet the increasing demand

Posted on September 12, 2022
Mykyta Nota has joined AVELLUM as counsel focusing on competition & antitrust, arbitration, and cross-border litigation. In this role, Mykyta will advise clients on all aspects of competition & antitrust law, involving merger control, concerted practices, abuse of dominance, state aid, unfair competition, and competition litigation. Mykyta joins the experienced competition and antitrust team, which includes managing partner Mykola Stetsenko and senior associate Anton Arkhypov. Mykyta Nota also 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. Managing partner Mykola Stetsenko commented: “The arrival of Mykyta is a part of AVELLUM’s ambitious strategy to become a market leader in competition, arbitration, and cross-border litigation. Broad experience of Mykyta and his team adds to our strong standing in these areas, and allows to better address the clients’ needs and meet the increasing demand. ” Mykyta Nota is a Fellow of the Chartered Institute of Arbitrators. He was named a Next Generation Partner in dispute resolution by The Legal 500, a reputable international legal ranking, and a Notable Practitioner in International Arbitration and Litigation and Competition by the Ukrainian Law Firms 2020 ranking. He is included in the list of recommended arbitrators of the Ukrainian Arbitration Association. Mykyta obtained his Master of Law degree from the Institute of International Relations at Kyiv National T. Shevchenko University and graduated from the ICC Advanced Arbitration Academy for Central and Eastern Europe.

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