Practice Area

Antitrust Regulation

Antitrust Regulation

Competition law affects key aspects of business operations – from commercial agreements and interaction with competitors to procurement, pricing and M&A transactions. Non-compliance with competition rules can expose businesses to significant financial, regulatory and reputational risks.

SIGNUM’s Antitrust practice advises international and Kazakhstan companies on a broad range of competition law matters. We help clients identify and mitigate antitrust risks, review commercial models and contractual arrangements, support economic concentration transactions and represent clients in their dealings with the competition authority.

Our team has experience advising on abuse of dominance, anti-competitive agreements and concerted practices, unfair competition, coordination of economic activities, procurement and tendering, and competition law aspects of corporate and commercial transactions. We support clients both proactively through antitrust compliance and risk prevention and in connection with inspections, investigations and challenges to decisions of the competition authority.

Service includes the following directions
  • Competition Law Advisory – advising on the application of competition law, including abuse of dominance, anti-competitive agreements and concerted practices, unfair competition and coordination of economic activities.
  • Merger Control and M&A – assessing transactions for competition clearance and notification requirements, preparing filings and supporting clients throughout the approval process before the competition authority.
  • Antitrust Compliance and Audits – conducting comprehensive reviews of business activities, contracts, commercial practices and internal procedures for compliance with competition law and developing recommendations to mitigate identified risks.
  • Commercial Agreements – reviewing and drafting agreements from a competition law perspective, including distribution, exclusivity, agency, licensing and other commercial arrangements.
  • Procurement and Tendering – advising procurement organisers, operators and participants on compliance with competition requirements and the prevention of anti-competitive coordination and bid-rigging risks.
  • Inspections and Antitrust Investigations – representing and assisting clients during inspections and investigations by the competition authority, developing legal strategy and managing engagement with government authorities.
  • Competition Disputes – representing clients in proceedings arising from antitrust investigations, before conciliation commissions and courts, and in challenges to acts and decisions of the competition authority.
  • Advertising and Unfair Competition – advising on advertising regulations, comparative advertising, promotion of goods and services and unfair competition risks.

Experience

Antitrust Regulation
  • Advised a client on the acquisition of a Kazakhstan construction company owning land plots and specialised equipment. The acquired assets were intended for the development of energy projects in the Caspian region.

  • Provided comprehensive legal support for the acquisition of an oil and gas project in Kazakhstan, including transaction structuring, preparation of transaction documents and obtaining the required regulatory approvals and permits.

  • Represented an Australian oil and gas company in the acquisition of a number of exploration blocks in Kazakhstan, including preparation of transaction documents and obtaining the required regulatory approvals.

  • Advised a UK oil and gas company whose shares were listed on the Toronto and London stock exchanges on the acquisition of two oil and gas projects in Kazakhstan, including transaction documentation and regulatory approvals.

  • Represented an Australian mining company in the acquisition of an interest in a Kazakhstan gold mining company.

  • Provided comprehensive legal support for the acquisition of a major electricity generation company by the Almaty city authorities, including the regulatory aspects of the transaction.

  • Provided comprehensive legal support for the sale of a 100% interest in an international oil and gas company operating in the Kyzylorda region to a group of foreign investors. Our work included preparation of the full transaction documentation and obtaining the required regulatory approvals.

  • Advised an Australian public company on the structuring of a cross-border transaction and corporate restructuring in connection with the acquisition of a number of oil and gas projects in Kazakhstan.

  • Advised a major Turkish construction company on restructuring the acquisition of a construction materials plant following changes to the composition of the underlying asset complex and the resulting obligations of the parties.

  • Obtained Kazakhstan competition authority clearance for the acquisition of interests in foreign companies indirectly holding subsoil use rights in Kazakhstan.

  • Assisted with obtaining Kazakhstan competition authority clearance in connection with a share buyback by a public company whose shares were traded on the London Stock Exchange.

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