Antonina Yaholnyk
Europe Guide 2024
Spotlight : Competition/Antitrust
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Spotlight
About
Provided by Antonina Yaholnyk
Practice Areas
Competition/Antitrust, Competition Litigation, Regulatory
Antonina Yaholnyk, Founding and Managing Partner of CLACIS, has significant experience in handling numerous multijurisdictional cases on antitrust issues like multijurisdictional merger control matters, cartel investigations, abuse of dominance & unfair competition law cases in Ukraine advising numerous multinational and national companies in telecommunications, retail, industry, agriculture, banking and finance, consumer products and beverages, pharmaceutical, shipping, etc. Mrs. Yaholnyk for many years has been recognized as Band/Tier 1 practitioner by Chambers, Legal 500, Who’s Who Legal, Best Lawyers.
Career
Mrs. Yaholnyk has overall 28 years of legal practice of which 20 years of daily experience handling antitrust and compliance matters. Prior to founding CLACIS, she headed Baker & McKenzie’s Competition & Compliance Practice Groups as well as was the head of Competition Practice in one of the leading regional firms.
Professional Memberships
Fully licensed Advocate in Ukraine since 2004
Member of Ukrainian National Bar Association
Chaired European Business Association’s Competition Committee
Publications
Antonina Yaholnyk is an author and co-author of numerous publications and books on competition and trade law, some of which are recommended as manuals for students by the Ministry of Education of Ukraine:
• International Trade Law (manual for students), 2005
• Multilateral Trading System – Legal and Economic Aspects (Collection of Essays), 2003
• Accession of Transition Economies to the WTO: Impact on the Development and Regulation of Foreign Direct Investments, 2003
Numerous publications including on Lexology.
Articles, highlights and press releases
10 items provided by CLACIS
Algorithmic alignment of prices: the EU approach towards liability
The article reviews the EU case law and the proposed rules regarding the application of pricing algorithms (computer program, which monitors prices and can be applied by a business entity) and liability for anti-competitive effects resulting from the exchange of information through such software.
Ukrainian Antitrust Authority fines for gun jumping in assets deal despite hold separate agreement
On June 22, 2023 the Antimonopoly Committee of Ukraine (AMC) imposed a fine of UAH 24,903,494 (approximately EUR 600 000) on a German pharmaceutical producer for a failure to get merger control approval for acquisition of assets of another global pharma company.
CLACIS has successfully represented Mastercard before the Antimonopoly Committee of Ukraine
CLACIS has successfully represented Mastercard before the Antimonopoly Committee of Ukraine to obtain the approval for reduction of domestic interchange fee rates in Ukraine
Algorithmic Pricing Collusion: When does Liability Arise?
Antitrust authorities have paid significant attention to the question of liability of business entities using pricing algorithms, especially in cases of potential collusion involving self-learning autonomous algorithms in the absence of evidence of an agreement.
BEPS Plan Implementation in Ukraine: Why a Corporate Restructuring Can Require a Merger Approval
The Law of Ukraine No 466-IX “On amendments to the Tax Code of Ukraine regarding the improvement of tax administration, removal of technical and logical inconsistencies in tax legislation provides for rules aimed at implementation of the BEPS plan and the MLI Convention in Ukraine.
Antitrust Liability for Tacit Algorithmic Price Alignment in the EU and the US
In recent years EU and US antitrust authorities were successful in prosecuting cases of overt collusion facilitated by pricing algorithms. It is recognised that overt collusion is prohibited by competition laws per se and collusion facilitated by such algorithms is treated like concerted action.
Legal Professional Privilege in Competition Law Proceedings
Legal professional privilege is one of the main tools, which ensures confidentiality of attorney-client relationship and helps build an effective defence without disclosure of sensitive information, which can be used as an evidence against an undertaking.
What is a Fair Price from an Antitrust Perspective?
The article focuses on a number of pricing concepts that are used in monopoly abuse cases.
Antitrust Implications of Using Pricing Algorithms
A pricing algorithm - a computer procedure which basing on a set of rules solves certain pricing tasks. Use of pricing algorithms can facilitate or create collusion between entities. The article provides an overview of such issues including explicit and tacit collusion.
Algorithmic alignment of prices: the EU approach towards liability
The article reviews the EU case law and the proposed rules regarding the application of pricing algorithms (computer program, which monitors prices and can be applied by a business entity) and liability for anti-competitive effects resulting from the exchange of information through such software.
Ukrainian Antitrust Authority fines for gun jumping in assets deal despite hold separate agreement
On June 22, 2023 the Antimonopoly Committee of Ukraine (AMC) imposed a fine of UAH 24,903,494 (approximately EUR 600 000) on a German pharmaceutical producer for a failure to get merger control approval for acquisition of assets of another global pharma company.
CLACIS has successfully represented Mastercard before the Antimonopoly Committee of Ukraine
CLACIS has successfully represented Mastercard before the Antimonopoly Committee of Ukraine to obtain the approval for reduction of domestic interchange fee rates in Ukraine
Algorithmic Pricing Collusion: When does Liability Arise?
Antitrust authorities have paid significant attention to the question of liability of business entities using pricing algorithms, especially in cases of potential collusion involving self-learning autonomous algorithms in the absence of evidence of an agreement.
BEPS Plan Implementation in Ukraine: Why a Corporate Restructuring Can Require a Merger Approval
The Law of Ukraine No 466-IX “On amendments to the Tax Code of Ukraine regarding the improvement of tax administration, removal of technical and logical inconsistencies in tax legislation provides for rules aimed at implementation of the BEPS plan and the MLI Convention in Ukraine.
Antitrust Liability for Tacit Algorithmic Price Alignment in the EU and the US
In recent years EU and US antitrust authorities were successful in prosecuting cases of overt collusion facilitated by pricing algorithms. It is recognised that overt collusion is prohibited by competition laws per se and collusion facilitated by such algorithms is treated like concerted action.
Legal Professional Privilege in Competition Law Proceedings
Legal professional privilege is one of the main tools, which ensures confidentiality of attorney-client relationship and helps build an effective defence without disclosure of sensitive information, which can be used as an evidence against an undertaking.
What is a Fair Price from an Antitrust Perspective?
The article focuses on a number of pricing concepts that are used in monopoly abuse cases.
Antitrust Implications of Using Pricing Algorithms
A pricing algorithm - a computer procedure which basing on a set of rules solves certain pricing tasks. Use of pricing algorithms can facilitate or create collusion between entities. The article provides an overview of such issues including explicit and tacit collusion.