Partners:

Oleh Marchenko, Oleksandr Aleksyeyenko, Roman Shulyar, Artem Nagdalian

Marchenko Partners is an independent law firm based in Ukraine with expertise in Antitrust & Competition, Banking & Finance, Corporate and M&A, Employment, Intellectual Property, Litigation, Public International Law, Treaty Disputes.

Marchenko Partners and its team members are recognized among leading Ukrainian law firms and experts by various international legal directories, namely Acritas Stars, Best Lawyers, Chambers & Partners, IFLR 1000, Legal 500 EMEA, Who’s Who Legal, World Trademark Review 1000, and others.

Practice Areas:

Antitrust & Competition

Banking & Finance

Corporate and M&A

Dispute Resolution

Employment

Intellectual Property

Litigation

Public International Law

Treaty Disputes

Department Profile:

Antitrust & Competition

Marchenko Partners is a full-service competition practice. We are a pioneer of state aid complaints in Ukraine. Our team is at the forefront of developments in the Ukrainian competition environment and therefore perfectly positioned to navigate our Clients through the legal challenges that appear in this constantly evolving area of the law.

Our Antitrust & Competition team advises Clients on compliance, abuse of dominance, cartels, merger clearance, procurement, state aid and unfair competition.

We advise on various aspects of state aid and private antitrust litigation including double damages claims.

Key Clients: Alcon Pharmaceuticals, Aspen Pharmaceuticals, B.Braun Medical, Carlsberg, DP World, EDANA, Ferring Pharmaceuticals, Home Group, LafargeHolcim, Man Wah Group, McDonald’s, NEXT Retail, Nova Poshta.

Banking & Finance

Marchenko Partners Banking & Finance team advises on secured and unsecured, term and revolving, bilateral and syndicated credit facilities, restructuring of financial indebtedness, issuance of Eurobonds, private placement of securities, initial public offerings (IPO), ADR and GDR programs, currency control regulations, banking and financial services, and all kinds of securities.

We support founders, business executives and legal counsels in financial, insurance & reinsurance, media & telecommunications, IT, retail & e-commerce, agriculture, mining and metals sectors and represent them in legal matters across the EU, CEE and CIS countries.

Key Clients: American Trade and Finance Company, Amsterdam Trade Bank N.V., Bank Hapoalim, BNP Paribas, Cargill Financial Services International Inc., Credit Suisse First Boston, Deutsche Bank AG, EBRD, EWUB, ING Belgium NV/SA, Lombard Odier, Standard Bank plc, UniCredit Bank Austria AG, US Ex-Im Bank, Western NIS Enterprise Fund.

Dispute Resolution

Marchenko Partners helps multinational companies to resolve their vital regulatory and commercial disputes at the crossing of national and international laws and regulations, government relations, and public policy considerations.

In Dispute Resolution we are dedicated to the practice of Public International Law. Specifically, we focus on:

• Arbitration & ADR;
• Investor-State Disputes and Negotiations;
• WTO and International Trade Law;
• Commercial, Regulatory and Tax Litigation.

We handle more investor-state disputes against Ukraine than any other national or international law firm. We effectively employ investor-state disputes settlement (ISDS) mechanisms under bilateral and multilateral investment treaties to resolve major regulatory and legal issues, including denial of justice cases, which negatively affect the legitimate interests of multinational companies operating in Ukraine.

We effectively employ ISDS instruments at the early stages of investor-state conflicts to prevent or resolve them amicably. We represent Clients, with outstanding success rate, in regulatory, financial and other disputes, which often involve high stake public policy issues, at the crossing of national and international laws and government relations.

Key Clients: Gilead Sciences, LafargeHolcim, Franklin and Lorraine McMahons, Home Group SA, Philip Morris International, US Ex-Im Bank.

Employment

Marchenko Partners provides Clients with refined advice on the most complex legal issues at the intersection of intellectual property, competition, and dispute resolution. Our team specialization in IP management, transactions, and litigation is widely recognized.

Marchenko Partners provides advice on a range of labor-related issues, including terminations, labor contracts, white-collar matters, staff outsourcing, working hours and wages calculation, etc. We have as well extensively dealt with confidentiality, intellectual property protection and non-compete matters for personnel of various seniority.

Our team has thorough experience in labor due to diligence assessment with the corresponding elaboration of the compliance policies best suited for the Clients’ business operation models.

Key Clients: British Airways, Ferring Pharmaceuticals, McKinsey and Company, Morgan Furniture, SALIC UK, Vilomix Holdings.

Intellectual Property

Marchenko Partners lawyers advise on copyright, patents, regulatory data protection and exclusivity, trade secrets, trademarks and unfair competition our Clients from pharmaceutical, agricultural, retail companies and financial institutions.

We historically focus much more on IP transactions and contract work as well as IP-related dispute resolution. Although registration of IP objects is not our main focus, we are from time to time also engaged in complex registration prosecution and strategy.

Key Clients: EDANA, Games Workshop, Koss, Kuhne+Nagel, LafargeHolcim, LKQ, Master & Dynamic, NEXT Retail.

Corporate and M&A

Marchenko Partners provide the full range of corporate legal advice on the structuring, financing, and successful completion of domestic, international and cross-border transactions. We provide our Clients with advice on the creation, operation, and termination of cross-border and domestic joint ventures and strategic alliances agreements.

We have extensive experience of advising our Clients on all day-to-day corporate issues, as well as setting up a business, corporate reorganizations and restructurings, corporate governance, and other legal and regulatory requirements.

Key Clients: Ecosoft, Energo Group, DP World, Ferring Pharmaceuticals, Lafarge Moldova, Martin Bauer Group.