Inly • Legal Advisory & Consulting

Protection of Sensitive Information in Ukrainian Merger Control Proceedings The Antimonopoly Committee of Ukraine (AMC) has clarified its position on safeguarding sensitive information disclosed by applicants and third parties during #MergerControl and #Antitrust (concerted practices) approval proceedings in the new guidelines. Applicants are confirmed to have significant discretion in designating whether the provided information on their activities and market presence shall be treated as confidential. During the review process, the authority ensures full protection of confidentiality for such sensitive data. The same approach applies to the data provided by third parties, including experts and market participants. As part of its statutory obligations, the AMC publishes its final decisions. The recent guidelines have clarified the procedure of preparation by the AMC of their public versions. Namely, the guidelines reflect the AMC's approaches to disclosure of market shares data (percentage ranges) and enshrine the right of the applicants to file a motion to review the draft public version of the decision and consult with the authority on any necessary redactions. While these consultations are not binding, the recent practice of the AMC demonstrates a strong commitment of the authority to protecting confidential information. Further, the scope of confidential information has been confirmed to be broader during the martial law. The protection extends to descriptions of the parties' activities in Ukraine, whether they relate to international or Ukrainian companies. Entities domiciled in Ukraine that are engaged in defense-related activities, operate critical infrastructure (which includes numerous civilian objects), or are of strategic importance for Ukraine's economy and security receive the highest level of protection. For these entities, confidentiality is absolute, with any references or details strictly restricted. #MergerControl #Antitrust #Competition #Ukraine #Confidentiality #cut_to_the_chase

Dr. Olesia Kryvetska, Partner at Inly and the Head of the Ukrainian Bar Association International Trade Law Committee, has been appointed to the government-mandated External Relations Working Group that is tasked with developing #Ukraine's negotiating positions on the #EU #accession. The External Relations Working Group will be responsible for supporting the negotiation process in respect of alignment and coordination of Ukraine’s positions and policies with the EU common commercial policy, as well as EU rules on humanitarian aid and development policy. The European Commission recommended opening the accession negotiations with Ukraine in November 2023. The process was formally launched in June 2024 after the European Council adopted the negotiating framework, followed with by the commencement of bilateral meetings on Ukraine’s national legislation screening. On Ukraine side, the negotiations are being led by Olha Stefanishyna, Deputy Prime Minister for European and Euro-Atlantic Integration of Ukraine – Minister of Justice of Ukraine. In August 2024, the Government of Ukraine decided to create the Interagency Working Group to support the accession negotiation process, along with the chapter-specific working (negotiating) groups that would be in charge of developing positions of Ukraine. The External Relations Working Group is chaired by Taras Kachka, Deputy Minister of Economy of Ukraine – Trade Representative of Ukraine. It is composed of the members of the government, MPs, representatives of business community, civil society and academia. #Ukraine #EuropeanUnion #EuropeanCommission #EUEnlargement #InternationalTrade #cut_to_the_chase

Inly’s Partner, Dr. Olesia Kryvetska, delivered a guest lecture to students at the State Tax University of Ukraine. She made an introduction into international trade regulation, focusing on WTO law, challenges and opportunities for Ukraine, also sharing her experience gained during her tenure as a WTO dispute settlement lawyer. The State Tax University is located in Irpin, a town that emerged as a significant battlefield in the suburbs of Kyiv during the early stages of Russia’s invasion of Ukraine. The lecture was followed with Q&A session helping the future lawyers with career development insights. #InternationalTrade #Ukraine #cut_to_the_chase

How will the origin of Ukrainian exports to the EU be determined in 2025? Will the Transition Rules of Origin under the Pan-Euro-Med Convention continue to apply? These critical questions were at the forefront of a recent meeting moderated by Inly Partner Dr. Olesia Kryvetska at the International Trade Law Committee of the Ukrainian Bar Association (UBA) meeting. The session brought together representatives from the State Customs Service of Ukraine and legal experts. Participants engaged in a robust discussion about various rules of origin topics, including the practical implications of diagonal cumulation as observed in customs authorities' practices in Ukraine.     A recording of the event (in Ukrainian) is available here: https://lnkd.in/dPG547SR.   Olesia Kryvetska leads the UBA International Trade Law Committee, since its foundation in 2020. The Committee has been thriving as a dynamic community that fosters collaboration and innovation among experts in the field of international trade law and policy. #InternationalTrade #FTA #cut_to_the_chase

Greetings from the Inly team! Today marks one of the most important milestones of our lives – a day filled with excitement, anticipation, and, above all, joy. We are proud to announce the launch of Inly, a Ukrainian consultancy firm dedicated to the areas where our team brings exceptional experience and expertise. Inly stands for our approach and vision: we dive deep and perform efficiently. Our goal is to help clients transform their challenges into the right questions and solutions, and deliver clear, concise, and actionable advice. To convey this message, our team worked hard to find a diplomatic analogue of  “no bulls..t”, and came up with the idea of #cut_to_the_chase, which is quite close.  Inly represents our aspiration to foster the environment where all team members can thrive, grow, and fully leverage their strengths. We are building a strong, supportive network, and invite you to collaborate, solve your legal challenges and explore the unique opportunities the intersections of our practice areas do create. The firm begins with our core strengths: #InternationalTradeLaw & #InvestmentLaw #Competition & #Antitrust #ExportControl #Sanctions & #Compliance  #Trade & #Investment #DisputeResolution #TradeRemedies & #TradeLitigation For more information about Inly, please visit our website: theinly.com.