As Ukraine is fighting off the brutal invasion by the Russian Federation, the Ukrainian M&A market is at its lowest point, at least in terms of the number of deals, since 2000. Still, interesting trends are emerging and there is great hope for a bright future.

On November 21, 2023, corporate/M&A and private equity experts from Bulgaria, Greece, Hungary, Kosovo, Moldova, Romania, Serbia, Slovakia, Turkiye, and Ukraine sat down for a virtual round table moderated by CEE Legal Matters Managing Editor Radu Cotarcea to discuss the key developments in the field over the past decade.

Avellum Managing Partner Mykola Stetsenko talks about the evolution of the practice and their role as legal advisors in Ukraine over the last 10 years.

ACI Partners Legal Manager Carolina Parcalab, Avellum Senior Partner Glib Bondar, Gecic Law Counsel Miodrag Jevtic, Vujacic Law Office Partner Sasha Vujacic, and Schoenherr Bulgaria Local Partner Tsvetan Krumov discuss the current status of capital markets in CEE.

On 18 October 2023, the National Energy and Utilities Regulatory Commission (“NEURC”) adopted the Licensing Terms for Aggregation in the Electricity Market under Resolution No. 1909 (“Resolution”).

Redcliffe Partners has advised the IFC, EBRD, and DFC on their USD 480 million loan to Ukrainian poultry and grain producer MHP. Avellum advised MHP. CMS and Harneys reportedly advised the DFC and EBRD, with Harneys and Baker Botts reportedly advising the IFC.

Avellum and Hillmont Partners have successfully represented Argentem Creek Partners and Innovatus Capital Partners before Ukraine's Supreme Court in bankruptcy proceedings against GNT Group companies Olimpex Coupe International and MetalsUkraine.

The National Bank of Ukraine (“NBU”) further relaxed currency control restrictions allowing Ukrainian borrowers to make early repayments of cross-border foreign currency loans extended after 20 June 2023 to development finance institutions (“DFIs”) and foreign export credit agencies (“ECAs”).

Avellum has advised JSC Integrity Capital on obtaining the merger control clearance of the Antimonopoly Committee of Ukraine for its acquisition of shares in Lanita Invest – an indirect co-owner of the Ocean Plaza shopping and entertainment complex in Kyiv.

On 18 October 2023, Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Regarding Mandatory Registration and Use of Electronic Offices in the Unified Judicial Information and Telecommunication System or its Separate Subsystem (Module) Enabling Document Exchange” No. 3200-IX, dated 29 June 2023, will be enacted (“Law”).

Tuca Zbarcea & Asociatii Partner Gabriela Anton, Gecic Law Counsel Miodrag Jevtic, ACI Partners Head of Banking/Finance Marina Zanoga, Avellum Managing Partner Mykola Stetsenko, NazaIi Tax & Legal Partner Nilay Goker Duran, PRK Partners Senior Attorney-at-Law Norbert Hink, and Schoenherr Bulgaria Local Partner Tsvetan Krumov look at how the financial services landscape in the CEE region has been shifting, as local non-banking financial institutions (NBFIs) are gradually gaining ground in an area historically dominated by the banking sector.

Since the onset of the Russian invasion in 2014, and particularly since the full-scale invasion that began on February 24, 2022, Ukraine has found itself in the epicenter of a new and challenging reality. This ongoing conflict has sparked a remarkable surge in Ukraine’s defense technology sector.

Amidst the tumultuous backdrop of a war-torn Ukraine, the legal market in the country finds itself navigating a complex landscape marked by uncertainty, according to Avellum Senior Partner Kostiantyn Likarchuk who talks about Ukraine's quest for investment, the status of its judicial reforms, and the pivotal role of antitrust legislation in this challenging environment.

This article explains the tools available under Ukrainian competition law that allow interested third parties (customers, suppliers, competitors, etc.) to participate in the merger review process and protect their rights and interests. It also addresses merging parties’ potential risks associated with the involvement of third parties.

While international private equity players still dominate blockbuster deals in CEE, locals and regional players are gaining more and more ground – especially in terms of volume. PRK Partners Co-Head of Corporate and M&A Practice Group Milan Sivy, Tuca Zbarcea & Asociatii Managing Partner Gabriel Zbarcea, and Avellum Managing Partner Mykola Stetsenko provide an in-depth analysis of the PE landscape in the Czech Republic, Romania, and Ukraine.

On 30 August 2023, the President of Ukraine signed Law of Ukraine “On Digital Content and Digital Services” No. 3321-IX (“Law”), designed to implement EU Directive 2019/770. The principal provisions of the Law enter into force on 2 March 2024.

On 3 September 2023, Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on the Regulation of Activities of Separate Subdivisions of a Legal Entity Established in Accordance with the Laws of a Foreign State” No. 3257-IX, dated 14 July 2023 (“Law”), entered into force.

Avellum Managing Partner Mykola Stetsenko has been elected as the new President of the Ukrainian Bar Association.