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Competition & Antitrust Expertise and Support The Russian practice of Berwin Leighton Paisner (BLP)

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Page 1: GBLP Antimonopoly_Eng

Competition & Antitrust Expertise and Support

The Russian practice of Berwin Leighton Paisner (BLP)

Page 2: GBLP Antimonopoly_Eng

Competition & Antitrust Practice / 01

Dear Colleagues and Friends,

The international team of Goltsblat BLP’s Competition & Antitrust Practice includes lawyers with extensive expertise in the practical application of competition law, operating from our offices in Moscow, London and Brussels.

The firm has one of the biggest antitrust teams in Russia with more than twelve years’ experience and is one of the few law firms in Russia that have a dedicated Competition Practice with a significant focus on antitrust audits and antitrust litigation.

Our practical experience in antitrust is more diversified compared with some other firms in Russia. We have experience in antitrust litigation and competition cases in antimonopoly authorities, merger and strategic enterprise clearances, antitrust audits, structuring of distribution contracts, advice in public procurement (government contracts) and public procurement litigation.

Our associates are active members of expert organisations liaising with the FAS of Russia with a view to improving the country’s antimonopoly legislation.

We have developed strong industrial focus and have significantly enlarged our footprint with eminent companies from the energy and natural resources, pharmaceutical, automotive, telecom, transport, FMCG, industrial manufacturing, and retail sectors.

Goltsblat BLP’s international and cross-practice capabilities create additional value for clients:

• Working closely with our London and Brussels colleagues, we are able to advise clients on any complex competition matter and represent them in complex cases under Russian, UK and / or EU competition law;

• We also cooperate closely with colleagues from Litigation, White-Collar Crime and IP Practices. This cooperation allows us to offer our clients professional defence against administrative and / or criminal charges brought against them as a result of an antitrust case or provide them with thorough IP-related advice.

Although we are located in Moscow, we are regular travellers across the country to help clients everywhere antitrust authorities are present.

Please do not hesitate to contact me on any antitrust and competition matters.

Kind regards,

Chambers & Partners UK, 2015

Really responsive, very commercially focused and pragmatic. They understand your risk thresholds and what you are looking for.

Legal 500 EMEA 2015 about GBLP’s Competition Practice:

Goltsblat BLP, the Russian practice of Berwin Leighton Paisner, attracts praise for its ‘consistently high-quality advice, prompt responses and ability to work to tight deadlines’.

Nikolay VoznesenskiyPartner, Head of Competition & Antitrust PracticeE: [email protected]: +7 495 287 4444

Great local and international knowledge.Chambers Europe 2015

Page 3: GBLP Antimonopoly_Eng

Our services

Carrying out antitrust internal audits and mock dawn raids

Creating company’s trade policies and competition codes of conduct

Advising on application of the rules governing abuse of a dominant position and restrictive agreements

Analysing and developing business models on the basis of competition law

Advising in relation to natural monopolies

Supporting companies during dawn raids and antitrust audits

Handling antimonopoly cases examined by the FAS of Russia and its territorial bodies

Advising on civil contracts in relation to their compliance with competition law

Advising on state aid matters

Representing clients in court litigations against the antimonopoly authorities

Representing clients in private antitrust claims

Advising on merger control and related strategic matters, including obtaining clearance from the Russian antimonopoly authorities and other competition authorities

Advising on application of the rules on unfair competition

Assisting bidders and contracting authorities with respect to public procurement (government contracts)

Assisting clients in challenging the outcome of tender procedures >30

dedicated lawyers at BLP, based in London, Moscow and Brussels

Competition & Antitrust Practice / 0302 / Competition & Antitrust Practice

BLP - Litigation of the Year 2015 – Cartel Prosecution (Global Competition Review Awards); Competition Team of the Year 2015 - The Lawyer Awards, and Competition and regulatory team of the year 2014 (British Legal Awards)

Over 12 years’ experience and one of the few law firms in Russia that have a dedicated Competition & Antitrust Practice with a significant focus on antitrust audits and antitrust litigation.

Goltsblat BLP’s Competition practice is widely recognised as market-leading in Russia:• “Competition & Antitrust Law Firm of the Year – Russia” by the Corporate LiveWire – 2015 Legal Awards

• 1st Tier by Legal 500 for several years in a row• Elite Tier by Global Competition Review for several years in a row

• Consistently top-ranked / highly recommended by Chambers Europe, one of the leading independent directories• Nikolay Voznesenskiy, Partner and Head of the Competition Practice of Goltsblat BLP, and Vitaly Dianov,

Head of Group of the Competition Practice, have been recognised among leading experts in antimonopoly legislation according to Chambers Europe 2015, Legal 500 2015 and Best Lawyers 2016

>12YEARS

Our worldwide network of over 100 preferred firms in over 125 countires enables us to respond rapidly and effectively to the global needs of our clients.

We have developed strong industrial focus and have significantly enlarged our footprint with eminent companies from the energy and natural resources, pharmaceutical, automotive, telecom, transport, FMCG, industrial manufacturing, and retail sectors.

Industry focus

Nikolay Voznesenskiy and Vitaly Dianov were recognised by the FAS of Russia for the contribution to improvement of the antitrust legislation and development of competition policy and active part in the work of the Competition Support Association.

Page 4: GBLP Antimonopoly_Eng

04 / Competition & Antitrust Practice

Transnefteproduct

Represented the client in antimonopoly cases concerning access to its pipeline.

Johnson & Johnson

Advising on the development and implementation of a programme for optimising budget expenditures for medicines on the basis of their effectiveness (for public sector customers procuring innovative drugs).

Russian Platinum

Advised on a number of strategic and tactical aspects of a project to develop one of the world’s largest mineral deposits, including support and representation on a number of disputes with the local authorities and in Federal Antimonopoly Service.

HyperGlobus

Advising on various antitrust / trade law matters in connection with a FAS inspection.

Competition & Antitrust Practice /05

A leading global producer of sports articles

Advised on antimonopoly legislation, distribution policy, (implementation of the European model); and amendments to a marketing services contract.

Danone, Mars and other major FMCG producers

Representation of clients’ interests in the central and territorial departments of the Federal Antimonopoly Service in cases concerning presumed agreements and/ or concerted actions, provided day-to-day advice on antitrust matters in development of agreements, marketing and advertising campaigns.

Sheremetyevo International Airport

Participated in developing the tender documentation for tenders held by the company, aimed at obtaining funds for design, construction and installation works.

REPRESENTATIVE EXAMPLES OF PROJECTS SUPPORTED BY GOLTSBLAT BLP’S SPECIALISTS

Hyundai

Performed an antimonopoly audit of the biggest Korean vehicle manufacturer.

United Metallurgical Company

Advised on a case of an alleged cartel: division of the market for large-diameter pipes for construction of trunk pipelines. During consideration of the case, it was proven that the participants of the case should be released from liability by virtue of the positive socio-economic effect achieved.

Sanofi

Conducting an antitrust compliance audit and advising on competition law compliance.

Freight One

Acted for JSC Freight One and JSC Independent Transport Company in a Federal Antimonopoly Service of Russia case accusing the Administration of the Kemerovo Region, RZD JSCo and a number of operators of concluding agreements prohibited by articles 11 and 16 of the Law on Competition.

Novorossiysky Grain Terminal

Represented the client in a litigation case on challenging the Russian antitrust body decision accusing of in violation of competition laws (monopoly high price for grain loading).

Media-Markt-Saturn

Acting for the client before the Tatarstan Administration of the FAS of Russia concerning retail chain price fixing on household electrics and in state arbitration courts of three instances challenging an antitrust body decision and prescription.

Page 5: GBLP Antimonopoly_Eng

06 / Competition & Antitrust Practice Competition & Antitrust Practice /07

Total/Rontec and Rontec/ Shell mergers

We advised the “Rontec” consortium of Investec, Snax 24 and Grovepoint Capital on its £350m purchase of Total’s retail fuel network in the United Kingdom and the on-sale of a portion of the business to Shell and third parties. The transaction, which was cleared by the OFT subject to conditions, raised novel issues relating to the assessment of local retail fuel markets.

Riverstone

Advising Riverstone on the clearance by the European Commission of its joint acquisition with KKR of Trinity River Energy.

Yazaki Corporation

We represented Yazaki Corporation in the European Commission’s cartel investigation concerning automotive wire harnesses. The case formed part of the global automotive parts cartel investigations, described by the US Department of Justice as its largest ever antitrust investigation.

BDO

We advised BDO on the market investigation by the Competition Commission (CC) into the large company statutory audit market. This investigation ran in parallel with the European Commission’s review and reforms of the audit market. The audit market is highly concentrated and highly regulated. The CC’s investigation led to FTSE 350 companies being required to put their audits out to tender at least every ten years.

Commended, FT Innovative Lawyer Awards, 2014.

We advised the US company T3 Technologies on its antitrust complaint about IBM to the European Commission. This led to the European Commission investigating IBM for alleged abuse of dominance.

T3 Technologies

Thames Water

We advise Thames Water (the UK’s largest regulated water company) on all major competition law regulatory and broader strategic matters, including licence reform proposals, regulatory investigations and enforcement, price control and shareholder reforms, compliance with licence and regulatory obligations, and industry liberalisation.

National Grid

We advised National Grid on a £300m follow-on damages claim in the High National Grid We advised National Grid on a £300m follow-on damages claim in the High Court against 21 defendants, based on the European Commission’s infringement decision in the gas insulated switchgear cartel. Our expertise in the area of regulated utilities assisted in the analysis of many of the technical issues in this case. This has made new law on disclosure and the process applicable to such claims.

Winner: Competition Team of the Year 2015 - The Lawyer Awards; Competition and Regulatory Team of the Year - British Legal Awards 2014; Winner Global Competition Review Litigation of the Year 2015

INTERNATIONAL EXPERIENCE

Chevron Corporation

Advised on aspects of economic concentration under EU law in relation to the establishment of a joint venture engaged in natural gas production in the USA, as well as the competition-related implications of concluding a long-term contract for supplying gas to the USA, and creating a joint venture for petroleum product production and reforming.

Competition & Antitrust Practice: Expertise and Support Key Contacts

MOSCOW

LONDON / BRUSSELS

ANTON SITNIKOVPartner, Head of Corporate/M&[email protected].: +7 495 287 44 44

NIKOLAY VOZNESENSKIYPartner, Head of Competition & Antitrust Practice, PhD. [email protected] Tel.: +7 495 287 44 44

VITALY DIANOVHead of GroupCompetition & Antitrust Practice, [email protected] Tel.: +7 495 287 44 44

ANDREW HOCKLEYPartner, Head of Antitrust & Competition, [email protected] Tel.: +44 (0)20 3400 4630 London

DAVID ANDERSONPartner,Antitrust & [email protected].: +32 2 792 2421 Brussels

CHRIS BRYANTPartner, Antitrust & [email protected].: +44 (0)20 3400 2423 / +32 2 792 2423 London / Brussels

Page 6: GBLP Antimonopoly_Eng

Abbott LaboratoriesAker SolutionsAlcoaAlfa Laval PotokAlfa-BankAmgenAstraZenecaAurubis AGBaker HugesBarclays BankBASFBrunswick Rail Leasing20th Century FoxCaterpillar FinancialChelyabinsk Pipe Rolling PlantChina Development BankChryslerCoca-ColaCovidienDanoneDellDeutsche Bank AGEBRDEfesEstee LauderEurocement GroupFerronordic MachinesFleming Family & PartnersFreight OneGE EnergyGeely International CorporationGeneral MotorsGuardianHals DevelopmentImmofinanz AGING BankInter RAOJaguar Land RoverJapan Bank for International Cooperation (JBIC)Johnson & JohnsonKimberly-ClarkKomatsuKronospanKvaernerLafargeLG International Corp.3M RussiaMagna InternationalMail.ruMarsMasterCard Member AssociationMcAfeeMerckMetinvest EurasiaMetro Cash&Carry RussiaMitsubishi ElectricMitsubishi Motors CorporationMotion Picture Association of America (MPAA)NALCO / EcolabNichia CorporationNikeNIS GLONASS ( Navigation Information Systems)Nissan RussiaNokia Siemens NetworksNord Stream AGNorth Caucasus Development CorporationNovatekOriflameOtkritie BankPanasonicPeugeot Citroen RusPhilipsProcter & GambleRaven RussiaRBK MoneyReckitt BenckiserReiffeisenbankRolfRoyal CaninRusHydroRUSNANORussian Platinum GroupSandozSanofi-AventisSberbankScaniaSchlumbergerScott Fetzer CompanyShellSheremetievo International AirportSiburSick AGSkolkovoSouth Stream Transport B.VSUEK (Siberian Coal Energy Company)Sukhoi CompanyTESCO CorporationTEVATommy HilfigerTransnefteproductUBS AGUnicredit BankUnilever RusUnited Grain Company (OZK)United Metallurgical Company (OMK)Universal Pictures RusUralkaliVimpelComVolkswagen GroupVTB CapitalWarner Bros. EntertainmentX5 Retail Group

• Goltsblat BLP is the Russian practice of Berwin Leighton Paisner (BLP), an award-winning international law firm headquartered in London and with offices operating in major commercial and financial centres throughout the world - Moscow, Abu Dhabi, Beijing, Berlin, Brussels, Dubai, Frankfurt, Hong Kong, Paris and Singapore.

• More than 100 Russian, English and US-qualified lawyers permanently based in Moscow, the total number of lawyers in all international offices of BLP being over 800.

• Over 1300 clients, including: major multinational investors operating in Russia, including 37 Fortune 500 clients, Russian and international banks & financial institutions, and Russian corporates - leaders on the national markets.

• Transactional support for inbound and outbound investments by Russian and international clients.

• Highly reputable local team well-known on the market for its excellent local experience of total legal advice for major Russian businesses and international investors gained over 20 years - from complex/multi-jurisdictional projects to day-to-day operational legal support.

• Goltsblat BLP is consistently ranked highly / recommended by The Legal 500, Chambers & Partners, IFLR1000, Best Lawyers and Vedomosti.

• Globally, the firm’s broad-based expertise reaches across more than 50 legal disciplines and 20 industry sectors.

• In Moscow, the firm’s key practice areas are:

• Corporate/ M&A

• Banking & Finance

• Real Estate & Construction

• Dispute Resolution

• Tax & Customs

• Commercial

• Compliance

• Competition & Antitrust

• Employment, Pensions & Benefits

• IP

• Goltsblat BLP is the winner of: Russia Law Firm of the Year – Chambers Europe Awards 2015; International Law Firm of the Year (Europe) – The Lawyer European Awards 2014; Client Service Law Firm of the Year – Chambers Europe Awards for Excellence 2014; International Office of the Year – The Legal Business Awards 2010 (Legal 500); Best Client Service – Chambers Europe Awards for Excellence 2010; Best Law Firm in Russia – ILO Client Choice Awards 2010.

• Goltsblat BLP is shortlisted for: International Law Firm of the Year – The Lawyer European Awards 2015 and Legal Business Awards 2015 (Legal 500); Innovation in International Expansion 2011 – Financial Times Innovative Lawyer Awards 2011.

• According to ranking by Vedomosti based on Best Lawyers 2014-2015 research, Goltsblat BLP is 4th in the top-10 leading international law firms in Russia.

• According to national ranking by Kommersant.ru Goltsblat BLP was named the 3d largest law firm in Russia in 2015.

• BLP is the winner of, in total, 5 Law Firm of the Year awards and over 30 industry awards in the last few years, including The Most Innovative Client Service Award (Managing Partner Forum (MPF) Awards for Management Excellence 2015), UK Law Firm of the Year 2010 awards by both The Lawyer and Legal Week, Managing Partner of the Year, Real Estate Law Firm of the Year, Best Tax Team in a Law Firm, Planning Team of the Year, PFI/Projects Team of the Year, and Finance Team of the Year and others.

* All names are disclosed with the clients’ permission

Key facts about Goltsblat BLP:GBLP representative client list*

Excellent industry knowledge and business acumen. Great local and international knowledge.

Chambers Europe 2015

The Russian practice of Berwin Leighton Paisner (BLP)

European Awards2014

International Law Firm of the Year

Winner

Page 7: GBLP Antimonopoly_Eng

MOSCOW

Capital City Complex Moscow City Business Centre 8, Presnenskaya Nab., Bldg.1 Moscow 123100, Russia Tel.: +7 495 287 44 44 Fax: +7 495 287 44 45 Email: [email protected]

www.gblplaw.com

LONDON

Adelaide House London Bridge, London EC4R 9HA United Kingdom Tel.: +44 (0) 20 7760 1000 Fax: +44 (0) 20 7760 1111 Email: [email protected]

www.blplaw.com

BRUSSELS

Square de Meeûs 38-40 B-1000 BrusselsBelgium Tel.: +32 (0)2 792 20 11 Fax: +32 (0)2 792 22 22 Email: [email protected]

www.blplaw.com