Olga Belyakova

Olga Belyakova joined CMS Cameron McKenna from the Kyiv office of Baker & McKenzie. Before joining Baker & McKenzie, Olga worked as an in-house lawyer at Golden Telecom, a full-scope telecommunication service company and one of the leaders of fix-line and data-transmission services. Olga’s practice includes competition and general commercial issues, telecommunications, media and technologies (TMT) sector as well as data protection.

As a competition lawyer, Olga advises foreign and local clients on merger control issues, concerted actions, anti-competitive conduct on the market, etc. Her general commercial practice combines a broad experience in drafting and negotiating different types of commercial contracts, including sale and purchase, supply, recruitment and advertising services, etc., as well as advising clients on regulatory issues related to their commercial activity.

Olga regularly advises multinational and foreign telecommunications and IT companies, media houses and other international and local companies on issues related to the Ukrainian telecommunications, IT, media and technology law areas, including all types of regulatory issues, inter-operators relations, legal expertise in sphere of TV and mass media, acquisition of the telecommunications, media and technologies companies, sale and purchase of telecommunications and IT facilities, etc. She has over ten-year-experience on various aspects of doing business in TMT sector.

Education:

King's College London (University of London), Postgraduate Diploma in EU Competition Law (2011)
Kyiv National Economic University, Master of Law (2001)
Admitted to Attorney at Law practice since 2003

Olga’s experience includes:

Contractual law and licensing

• Abris Capital Partners - acquisition of a supermarket chain in western Ukraine, which comprises 25 supermarkets. Our advice, inter alia, included drafting and negotiating different commercial contracts (like sale and purchase of goods, logistics services, etc.).
• Electrolux - acquisition of a factory and other assets from a Ukrainian white goods manufacturer. Our advice also included drafting and negotiation of various commercial contracts, including the OEM agreement.
• A client – advising regarding distribution of food products in Ukraine
• A major international beverage producer
  - advising on restructuring distribution relations with local distributor, drafting and negotiating a distribution agreement;
  - conducting multi-jurisdictional due diligence of the commercial activity of a client in 5 CEE jurisdictions (Ukraine, Bulgaria, Hungary, Romania, the Czech Republic), managed by CMS Kyiv team
• A client – advising in a project regarding licensing of the beer production in Ukraine
• A client - restructuring of a client’s distribution structure in Ukraine
• drafting and negotiating different types of commercial contracts.
  

TMT

• conducting due diligence of the 3G business of the giant Ukrainian telecommunication operator
• advising a major multi-national IT company on various issues in connection with the outsourcing of the whole IT system of one of the biggest Ukrainian banks
• advising the clients on various issues related to data protection: drafting data protection policies and data transfer agreements; registering data bases; drafting different types of consents to be provided by data subjects, etc.
• representing international mobile operator on regulatory telecommunications matters related to obtaining Ukrainian telecommunications licenses (both business and radio-frequency licenses)
• advising a multi-national telecommunications and media company on issues related to digital terrestrial TV
• representing international telecommunications company pursuing its business in WiMax area on a project related to the joint use of dark-fibre facilities owned by another operator
• representing a major multi-national technology company on project related to supply of facilities containing cryptography elements into Ukraine
• representing several multi-national companies on issues related to supply of various kinds of telecommunications equipment into Ukrain
• drafting and negotiating the Agency Service Agreement for major media holding
• advising numerous international companies on issues related to data protection
• conducting due diligence of telecommunications licenses and agreements
• representing a major manufacturer of computer microcomponents on due diligence of radio frequency license of Ukrainian subsidiaries, and then subsequently advised on Ukrainian radio frequency laws implications
• advising an international bank on Ukrainian law aspects of installation of bank encryption system
• conducting due diligence of certain telecommunication contracts entered by a Ukrainian telecommunication company
• assessing of the know-how IT solutions of the major international IT company subject to their further implementation according to Ukrainian laws
  
  

Competition and Commercial

• A multinational concrete producer, in the process of the case on infringement by the client of the competition law of Ukraine
• A client on a due diligence in connection with the acquisition of a majority stake in the joint venture with a Ukrainian investor for the purpose of constructing and operating an MDF plant located in Ukraine, as well as on a merger control approval. 
• An international oil and gas company on dawn raids procedures in Ukraine;
• A major oil and gas company in the course of investigation, held by the state regulatory bodies, related to pricing and consumer rights protection;
• Major FMCG company on analyses of the company’s actions in terms of compliance with unfair competition rules, including developing a behavioural strategy vis-à-vis competitors
• A major FMCG client  on competition compliance review
• A major Japanese corporation on public procurement rules in Ukraine
• Takeda Pharmaceuticals on acquisition of Nycomed (Ukrainian law aspects), including obtaining of a merger control approval
• Nestlé S.A. (Switzerland) on obtaining of the AMC merger control approval and approval for concerted actions on a transaction to acquire Technocom LLC, the largest producer of dehydrated culinary in Ukraine under the Mivina brand 
• Kulczyk Oil Ventures Limited (an arm of one of the largest Polish investment company - Kulczyk Investments), an international oil and gas exploration and development company on obtaining of the merger control approval for the transaction on the acquisition of an independent natural gas producer in Ukraine
• Electrolux, a global leader in the production of appliances for home and professional use, on obtaining of the merger control approval for the transaction on EUR 19 million acquisition of a factory and other assets from a Ukrainian white goods manufacturer
• Abris Capital Partners, a private equity investment firm, on a merger control clearance in respect of acquisition by Abris Capital Partners of a supermarket chain in western Ukraine, which comprises 25 supermarkets
• MetLife on obtaining of a merger control and concerted actions approval for the global acquisition of ALICO and on various aspects of the acquisition in Ukraine, including due diligence.
• ING on its acquisition of a Ukrainian life insurance company, including merger control approval
• Bain Capital, a Boston-based private equity firm, on its acquisition of shares and assets of the world leading producer of sanitary items (deal value - 1.775 bln USD
• A major European FMCG company on Ukrainian merger control approval with regard to its acquisition of a leading Italian producer of beverage equipment. Amount of deal (globally) – more than USD 150 million
• A major producer of electronic devices on Ukrainian merger control approval with regard to purchase of a business of a global corporation. Amount of deal (globally) – more than USD 13 million
• An FMCG company on simultaneous occupation of high-level positions in different companies in Ukraine
• International and local companies – advising on issues related to concerted actions
• Various companies, such as a major international food and drinks producer company, multi-national telecommunication equipment producer, major local real-estate consultancy and construction company, etc. in merger control and concerted actions issues
  
  

IP and Pharmaceutical Area

• advising the client regarding conducting of non-interventional clinical trials in Ukraine, including drafting informed consents, data collection agreement, etc.
• assessing of the know-how IT solutions of the major international IT company subject to their further implementation according to Ukrainian laws
• advising international client on issues related to the pledge of patent rights
• dealing with issues related to unfair competition in IP area
• advising international and local medicine producers on conducting of clinical trials in Ukraine, including drafting clinical trials agreement between trial institutions, investigators and pharma companies
• advising foreign pharmaceutical companies regarding importation of medicines into Ukraine