Olexander Martinenko joined CMS Cameron McKenna from the Kyiv office of Baker & McKenzie.
Olexander's practice includes a broad experience in advising multi-national and local companies, institutions and organisations on their business activities in Ukraine, on corporate and competition law, with a particular emphasis on anti-counterfeiting and unfair competition, corporate restructuring, as well as mergers and acquisitions and telecommunications.
Olexander is also heavily involved in a number of upstream and downstream segments of oil and gas practice with respect to international companies’ growing interest in Ukraine for joint exploration and further extraction of natural resources.
Olexander was recognised as Band 1 lawyer in Corporate/Commercial by Chambers Europe 2008, and as a leading specialist in Corporate and M&A by PLC Which Lawyer? as well as being recommended in Competition/Antitrust and Dispute Resolution by the same directory. Chambers Europe 2008 says: 'He is known as a seasoned veteran of the Ukrainian market, but don’t underestimate the extent of his US education and Western-style knowledge of commercial issues.'
Olexander was also recognised as the Competition Lawyer of the Year (2008) by the leading Ukrainian legal newspaper.
Relevant experience:
Mergers & Acquisitions includes advising:
- The owners of TAS-Kommerzbank, one of the fastest growing banks in the Ukrainian retail segment, in connection with the sale of shares to Swedbank for US$750 million. The sale transaction is expected to close by the end of 2007
- The branded consumer goods subsidiary of one of the largest listed companies in Norway, on the acquisition of shares in a group of companies, one of the leading media and information technology corporations in Ukraine
- A group of leading European private equity investors in connection with the acquisition of a Ukrainian TMT company
- A Dutch publishing conglomerate in connection with the establishment of a joint venture publishing company in Ukraine and subsequent acquisition of publishing rights and trademarks for a number of entertainment publications in Ukraine
- A Luxembourg-based media group, the leading European entertainment network, in connection with acquisition of shares in a Ukrainian TV and Radio Broadcasting group
- The Central European pioneering international television broadcasting company with respect to establishing one of the leading 24-hours broadcasting channels in Ukraine
- The selling shareholders in connection with the sale of a majority stake in UkrSibbank, one of the largest Ukrainian banks, to BNP Paribas through a tender procedure
- A Ukrainian financial and industrial group on the divestment of its interest in a Ukrainian mobile telecommunications services provider
- A Ukrainian telecommunications company on the acquisition of another Ukrainian telecommunications company, as well as on the restructuring of its business in Ukraine
- A US-based corporation on its investments into, and subsequent disposal of, its shares in a major Ukrainian telecommunications company
Information Technology includes advising:
- 'Russian Technologies', the Russian venture capital fund created by Alfa Group and Intel Capital, on US$7.5 million investment in the development of WiMax wireless network in Kyiv and Kharkiv
- A leading provider of information solutions on the transfer of IP rights in software under Ukrainian law, as well as on contracts between the client and Ukrainian software developers
- One of the largest providers of virtual private network services on the Ukrainian law aspects of the legal and HR implications of its acquisition of a corporate data services subsidiary of one of the largest European telecommunication companies
- A leading provider of information solutions on a US$27 million turnkey project for building a technology infrastructure within Ukraine to address software piracy and to enable Ukraine to introduce computers and computing technology to government organizations and ultimately to citizens and schools on a subscription basis
Competition Law includes advising:
- Finland’s leading media group in obtaining Ukrainian merger control approval in connection with its acquisition of a publishing house
- A leading international software manufacturer on Ukrainian competition law issues regarding the misuse of its dominant position in connection with the supply of PCs with pre-installed software to a group of companies in Ukraine
- BenQ corporation on obtaining Ukrainian merger control approval in connection with its acquisition of Siemens AG’s Mobile Devices business
- A major transnational beer producer on conducting internal competition legislation compliance analysis of practices of its Ukrainian subsidiaries (Article 81/82-type compliance analysis)
- A group of private equity funds on the Ukrainian merger control implications of the acquisition of shares in one of the international suppliers of perfume compositions, aroma chemicals, cosmetic raw materials and active ingredients and flavours
- A major European device and equipment manufacturer on the Ukrainian competition law implications of the acquisition of a major European heating devices manufacturer and obtaining the required Ukrainian merger control clearance
Dispute Resolution includes advising:
- Clients on the Ukrainian systems of general and commercial courts, up to and including the level of the Supreme Court of Ukraine
- Clients on international commercial arbitration proceedings, both within and outside Ukraine (was involved in more than a dozen international commercial arbitration proceedings)
- On more than 20 dispute resolution cases in courts of other jurisdictions with the assistance of local counsels
- On matters of Ukrainian law at least four times in international commercial arbitration and foreign dispute resolution proceedings, submitting legal opinions and affidavits
Natural Resources includes advising:
- The division of the listed UK-Dutch petroleum giant, in connection with negotiating and signing a joint activity agreement with the Ukrainian oil and gas monopoly, for the purposes of joint exploration and further natural gas extraction in Dnipro-Donets basin (potential investments USD100-150 million 2006-008)
- A division of a Shell group, with respect to natural gas distribution and infrastructure development business in Ukraine
- One of the major players in Europe's energy industries and a producer, transporter, distributor and seller of gas, electricity and related services, in connection with negotiating a joint activity agreement with the Ukrainian oil and gas monopoly for the purposes of joint exploration and further extraction of natural gas at the Prikerchensky shelf of the Black Sea
- A leading Swedish crude oil and oil products trader on joint activity agreement with a Ukrainian oil producing company with respect to the joint production of oil (EUR40 million investment 2006-2008)
- Shell Exploration and Production Services in connection with signing cooperation agreement with the Ukrainian oil and gas monopoly, Open Joint Stock Company 'Naftogas Ukrainy', for the purposes of joint exploration of carbohydrates in Dnipro-Donetsk basin
- A premier US company engaged in oil and gas exploration, acquisition and production operations with respect to its potential investment into the oil and gas industry in Ukraine as well as negotiating a joint activity agreement
- A major transnational oil and gas company on the planned development of Black Sea shelf oil and gas deposits
Education:
National Taras Shevchenko University of Kyiv, 1985, Diploma in Law. Harvard University, 1994), LLM. Institute of the State and Law, 1991, PhD (Law). |