Publications / 24.11.2021

Navigating non-competition arrangements / Article / The International Law Office (Lexology)

Non-competition arrangements have been widely used in Russian transactional practice, especially in conjunction with merger and acquisition (M&A) transactions. However, the authorities have historically treated them with caution, based on the assumption that large businesses use such arrangements for market monopolisation. This is due to a general provision of the Russian Competition Law that prohibits any agreements aimed at restricting or limiting competition, with the exception of certain statutory provisions which do not cover M&A deals.

Alexey Nikitin, Specialist Partner, and Anton Borisyuk, Associate at Borenius Russia, prepared a brief article for Lexology on whether non-competition arrangements are permitted in M&A transactions in light of recent Russian antitrust authority clarifications.

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