Sergey Ermolenko

Sergey Ermolenko is a Partner at FBK Legal. 

Sergey Ermolenko manages projects in the field of competition regulation, including advice on advertising and competition laws, coordination of transactions with the antimonopoly body within the framework of M&A projects, legal advisory on public procurements, client representation in disputes before antimonopoly bodies and arbitration courts.

Sergey advises on projects at the intersection of public and private initiatives and ensures competition compliance of private projects aimed at obtaining positive public result but being able to affect competition.

Besides his wide experience of working in legal consultancy, Sergey also has experience in providing actual support to different business processes, including participation in litigations on a wide range of issues (real estate, corporate disputes, bankruptcy, debt collection), carrying out all the registration actions required by government authorities as well as support in enforcement proceedings.



Ratings

  • The Legal 500 EMEA 2021 — Competition, Employment
  • Best Lawyers 2022 — Mergers and Acquisitions Law, Information Technology Law
  • «Право-300» 2021 — «Антимонопольное право», «Корпоративное право / слияния и поглощения» (high market)
  • «КоммерсантЪ» 2022 — «Цифровая экономика/Fintech»

Specialization

Industry specialization
Industrial production and engineering
Pharmaceuticals, healthcare
IT / TMT / Technology
Investment activities


Practice areas
  • Competition
  • Compliance
  • Support of economic activities
  • Representing clients before government authorities and courts
  • Legal support of procurement participants
  • Legal support of transactions

Education

2013
Kutafin Moscow State Law Academy; PhD in Law
2009
Kutafin Moscow State Law Academy (diploma with distinction)

Major projects:

  • drafting of amendments to the Procurement Laws (№ 44-FL, 223-FL, 135-FL) in terms of their harmonization with the requirements and practice of applying art. 54.1 of the TC of the Russian Federation together with the Association of Conscientious Participants in the AIC Market.
  • defending rights to a fishing asset worth over RUB 9 bn in a judicial dispute with the Federal Antimonopoly Service, which tried to deprive the company of fishing quotas;
  • representing a client in a judicial dispute over the invalidation of the alienation of nine trademarks (including international trademarks), including representing before the Supreme Court of the Russian Federation;
  • representing russian retail network  before arbitration courts in a precedent-setting dispute with the Federal Antimonopoly Service of Russia to legitimate the credit sale advertising practice;
  • representing Actavis in judicial disputes totalling over RUB 1.6 bn and settling disputes with employees;
  • defending a client in a series of cases on challenging the acquisition of an oil company worth over RUB 1.1 bn;
  • supporting the acquisition of an operating oil company valued at RUB 1.3 bn by a private investor from one of the largest oil and gas groups, including developing a deposit management operating agreement and an oil product transportation agreement;
  • coordinating with the FAS of Russia a transaction between gas company  and bank on setting up a joint venture with the authorized capital exceeding RUB 46 billion;
  • supervising the project on the development of the legal structure of the loyalty programme for the Mir payment system;
  • advising a Chinese investor on competition issues and public procurements related to greenfield construction in Russia of an enterprise producing high-speed trains;
  • consulting on competition issues for the acquisition of nine LPG supply entities (developing a transaction scheme, communicating with the Federal Antimonopoly Service of Russia, preparing documents to get transactions approved) (transaction amount – $100 m);
  • developing a procurement system for a joint venture established by a state-owned company to ensure simultaneous transparency of procurement procedures and flexibility of the system allowing for the selection of proposals with the highest quality;
  • routine advising for large pharmaceutical companies (Actavis), as well as air companies (Cathay Pacific) in the field of advertising law;
  • legal support of public procurements for a large Russian IT Company, including preparation of complaints to the FAS of Russia and taking part in their processing in Moscow and other regions;
  • legal support of an investment project under which a large investment fund planned to invest in a regional network of clinics in the Perm Krai;

  • settling and collecting a debt for the benefit of a foreign pharmaceutical company within the framework of bankruptcy procedures and enforcement proceedings.
Professional Community

  • Member of the Competition Experts Association

Languages

English


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