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Global pharma and healthcare are now going through a complex and multidimensional transformation – distinct boundaries between the sectors are disappearing as the industry becomes a more integrated system. This is a consequence of such major industry-changing trends as technological and scientific innovation, a new patient-centric focus, and the evolving government regulations – all of which increasingly influence industry players.

Only a firm which truly knows this field from practical experience can provide appropriate legal advice and help navigate all the complexities presented today. We are committed to fully understanding the sector peculiarities and business needs as well as to developing and implementing the most effective strategies to keep our clients ahead of the curve.

We provide expert advice and assistance in matters involving various antitrust issues, in particular, in clearing mergers and horizontal arrangements, advising on R&D and cooperation agreements, streamlining pricing, marketing, advertising and other commercial practices, as well as in advising on unfair competition matters. We further assist in corporate, labour & employment, and intellectual property, in particular, in data protection, issues.

We are proud to list some of the major pharmaceuticals and cosmetics manufacturers as being among our clients.

Firm Recognition:

  • Top-5 Pharmaceuticals & Healthcare law firms in Ukraine, Ukrainian Law Firms 2020. A Handbook for Foreign Clients   
Representative experience:

We advise major corporations on a wide range of legal matters:

  • Sanofi in obtaining merger clearance for a high profile swap operation of its 11.4 billion EUR Animal Health business (Merial) for Boehringer Ingelheim’s Consumer Health Care business estimated at 6.7 billion EUR;

  • L'Oreal on the 1.15 billion EUR acquisition of YSL Beaute Holding;

  • GlaxoSmithKline on a 3.6 billion USD acquisition of control over the dermatological pharmaceuticals manufacturer Stiefel and on various issues, including pharmaceutical and consumer protection matters, pertaining to the operation of GSK subsidiaries in Ukraine;

  • Teva Pharmaceutical Industries in obtaining merger and antitrust clearance for transactions with Allergan, Barr, Cephalon, Procter & Gamble, and ratiopharm;

  • Sanofi-Aventis on their 2.6 billion USD acquisition of shares in Zentiva;

  • Beiersdorf Ukraine on a range of tax, unfair competition, and employment law matters, trademark registration, and licensing;

  • Daiichi Sankyo Company Limited in connection with obtaining approval from the competition authority for the 4.6 billion USD acquisition of a controlling block of shares in Ranbaxy Laboratories Limited;

  • Ecolab, a leading provider of cleaning, food safety, and health protection products and services, on trademark registration and license agreements;

  • Novartis, a Swiss-based global pharmaceuticals manufacturer, in obtaining clearance from the competition authority for their 28.1 billion USD acquisition of a majority stake in Alcon, a global leader in eye care, from Nestlé S.A.;

  • Sopharma AD (Bulgaria) on their acquisition of a majority stake in Vitaminy, a Ukrainian pharmaceutical factory, and on various matters, including corporate, compliance, obtaining a license for pharmaceutical production, and on complex contract and trademark litigation with one of their distributors;

  • Heel, one of Europe's leading pharmaceutical companies, on a range of matters, including sales and distribution, as well as protection from unfair competition;

  • Fapomed SA, a Portuguese producer of medical equipment, in a project involving the engineering and construction of a factory in Ukraine;

  • Schering-Plough and Merck in obtaining AMC clearance for their 41.1 billion USD merger resulting in the creation of the second-largest pharmaceutical company in the world.

Featured services:

Full range of legal services specific to the sector, including, but not limited to, the following:

  • practical support in regulatory matters, including, inter alia, licensing, compliance with good practices, quality control, product approval, pricing and advertising;
  • dispute resolution, including disputes on commercial and tax matters, customs valuation controversies, product liability and IP;
  • advice on sector-specific antitrust matters, including investigations of the AMCU;
  • comprehensive transactional support of complex multi-jurisdictional arrangements, as well clients’ local daily operations, including distribution, licensing, quality, marketing agreements etc.; 
  • assistance with public procurement of pharmaceuticals with strong experience in all stages of tender process;
  • development of corporate policies (commercial, anticorruption, quality etc.) in line with specifics of client’s operations, Ukrainian laws and best international standards;
  • assistance with FCPA / UKBA investigations and compliance support to pharmaceutical business with level of expertise unique for Ukraine;
  • tax structuring of commercial operations both on-shore and cross-border within international groups, assisting clients during tax audits;
  • advice on IP issues, such as trademarks and patents, protection of IP rights and enforcement of court decisions in patent protection;
  • healthcare PPP in Ukraine and CIS.
Publications
Who will be obliged to get vaccination against coronavirus in Ukraine?
Ukrainian healthcare system will work without protocols: why is it risky?
Ukraine opens the way for managed entry agreements
Ukrainian Government Approves the Procedure for State Health Technology Assessment
How state aid can impact the competition in the Ukrainian medical services market
COVID-19 in Ukraine: pros and cons of public procurement procedures simplification (UA version)
Investing in healthcare reform in Ukraine
Competition law issues in the distribution of pharmaceuticals in Ukraine
Asters defends interests of Bayer Ukraine before AMC
Asters advises EBRD on up to EUR 15 million financing to Farmak
Asters scores for Sanofi Ukraine in a restrictive arrangements case
Registration of pharmaceutical inventions at customs
Asters advises Emer Group Limited on the sale of its stake in Farmak
CBD legalization in the USA and its influence on Ukraine
How to bring in unregistered medications into Ukraine
Asters defends interests of Teva Pharmaceutical Industries Ltd. before Supreme Court
Getting the Deal Through: Pharmaceutical Antitrust 2018. Ukraine
Getting The Deal Through: Pharmaceutical Antitrust 2017. Ukraine
Ukraine Changes Regulatory Framework for Pharmaceutical and Medical Services Business
Antitrust Challenges in Pharma Distribution: A New Era
Avoiding sanctions against pharmaceutical companies
Asters advises Aspen on Ukrainian merger control aspects in acquisition of GSK's anaesthesia portfolio
Market Boundaries Definition in Pharma: the EC antitrust practice
Getting The Deal Through: Pharmaceutical Antitrust in Ukraine 2016
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