Competition Practice

Eversheds Sutherland’s Competition practice advises clients on antitrust matters related to both Russian and Eurasian Economic Union (EAEU) antitrust legislation, rules of public procurement and advertising regulations. We support our clients in all legal matters that involve antitrust regulators: from merger control clearance of transactions to representation in courts in antitrust cases. We apply an integrated approach to provide well-rounded, behavioral, and concise advice with regards to a variety of commercial practices and internal procedures.

We provide assistance at every phase of the risk management cycle. Diagnostic and audit tools allow us to conduct a health check-up for business practices in terms of potential competition law concerns and adjacent regulatory risks. By way studying the commercial approach applied by a company, we can provide the client with a weighed analysis of potential antitrust risks and a set of practical recommendations on how to mitigate those. Should an antitrust dispute arise with a competitor or the authorities, we will devise an effective strategy and provide support in the course of the proceedings.

Samples of our experience in this area include:

Advising an international pharmaceutical corporation on matters of public procurement of medicines and the application of national protectionist rules by the public customer, receiving a clarification from the FAS and the Russian Ministry of Trade, which limits the restrictive application of protective regulations

• conducting training and workshop sessions for a client in the retail business on antitrust issues and trade regulations applicable when dealing with competitors and suppliers
• providing contractual advice for a global manufacturer of apparel, reviewing and adjusting distribution agreements to comply with EAEU and national competition rules
• advising an international e-commerce platform on contractual matters by providing an in-depth analysis of potential antitrust concerns for different contractual models
• merger control clearance of a transaction with FAS for a Finish construction and housing company creating a JV with Russian partner
• assisting a leading provider of technology and infrastructure for the energy industry with obtaining a merger control clearance for a transaction worth USD 6 billion

Eversheds Sutherland has extensive expertise in dealing with governmental authorities, including the Federal Antitrust Service of Russia and the Eurasian Economic Commission: arranging inquiries for clarifications and providing responses to requests, supporting clients through inspections and audits and representing the client in official proceedings.