Anton Navitski

IN PRACTICE SINCE 2011

Anton Navitski advises and represents clients on the full range of antitrust law issues.

Anton is one of the few lawyers in Belarus specializing in competition and antitrust issues. His experience of working for the Belarusian antimonopoly authority in a leading position, as well as his extensive experience of participating in antitrust investigations, merger control cases and advising clients allows him to understand clearly the peculiarities of antitrust regulation in Belarus and take into account the approaches of the antimonopoly authority to specific issues and tasks.

In addition to antitrust law, Anton also has experience in supporting various large and complex projects in public-private partnership, privatization, investments and M&A transactions, where clients are not only business entities but also government agencies.

Anton has extensive experience in law-making: he has contributed to a number of laws and acts of the President of the Republic of Belarus, other legislative acts. In particular, he was directly involved in drafting and supporting the Law on Counteraction to Monopolistic Activities and Competition Development, as well as the chapters of and annexes to the EAEU Treaty related to general principles and rules on competition.

PROFESSIONAL EXPERIENCE:

Antitrust & Competition 

• extensive experience of participation in antitrust investigations in various areas, including: energy, communications, IT, education, road transport, pharmacy. Recent cases completed are:
  • representation of interests of a large international IT company specializing in the production of games in an unfair competition case;
  • representation of interests of one of the participants in a cartel conspiracy on the corrugated packaging market in the framework of the consideration of an administrative offense case;
  • successful protection of interests of “Kvitki Bel” LLC – one of the largest ticket operators in Belarus – in the case initiated by the competitor’s application for abuse of dominant position and unfair competition;
  • protection of interests of the Client in the framework of the first cartel case in Belarus. Based on the results of the consideration of the complaint in the Supreme Court of the Republic of Belarus, the corresponding decision of the MART was partially canceled;
  • representation of interests of “TEP Belgruzavtotrans” LLC – one of the largest automobile carriers of Belarus – in the case initiated by the client’s application against the Ministry of Transport and Communications of the Republic of Belarus. MART found a violation in actions of the Ministry of Transport. The Ministry of Transport has amended one of the key acts for road transport to ensure equal conditions for all carriers;
  • representation of interests of “SKUL DIARY” LLC – the largest provider of electronic services for the organization of the training process for secondary education institutions – in the antitrust investigation related to potential violation of antimonopoly legislation by government agencies and organizations. Despite the fact that no violation was found, the positive result for the client was achieved: approaches of government agencies and organizations to the regulation of the relevant product market were   adjusted in pro-competitive manner.

• obtaining MART consent for economic concentration (merger control) in respect of a subsidiary of a major international shoe company. The case became precedent, on its basis the explanatory statement of MART was prepared. Before that there was no clear MART position with respect to foreign transactions that do not directly involve Belarus and its entities apart from the fact that the target has a Belarusian subsidiary;
• execution of comprehensive antimonopoly audit of one of the largest businesses in Belarus;
• advising a major international consumer goods corporation on building an antitrust compliance system in Belarus;
• advising a major international vehicle manufacturer on compliance with the antimonopoly legislation of the Republic of Belarus and the EAEU;
• advising a large brewing company on certain aspects of the antimonopoly legislation of Belarus and the EAEU, as well as on any features of violations in the actions of state organizations;
• supporting the Competition Development and Antitrust Projects of International Financial Corporation (IFC) in Belarus, including:
  • preparation of the complex report “Review of Antimonopoly Laws and Regulation of Specific Market Sectors in Belarus” for IFC and MART in order to identify opportunities for improvements of state regulation and legislation;
  • preparation of analytical data necessary for estimating PMR indexes for Belarus by OECD;
  • supporting preparation of the Competition Development Program in Belarus conducted by MART.

 PPP and Investments, Procurement

• supporting of the pilot PPP project in Belarus, including providing proposals on development and improvement of PPP legislation, development of tender documentation and other documents required for project implementation;
• participation in elaboration of pilot privatization projects in Belarus;
• supporting the client in raising financing for renewable energy projects;
• supporting the project related to establishment of an investment fund in Belarus. Preparation of proposals for draft legislative acts on investment funds;
• participation in preparation of documents and finalization of the transaction on acquisition of a large beverage producer;
• consulting and support of the client – a large international equipment manufacturer – on appealing the results of the procurement during construction;
• advising the client – a wholesale supplier of car tyres – on issues related to appealing the results of public procurement and the possibility of early removal from the list of dishonest suppliers;
• conducting an audit of the procurement system of one of the largest Belarusian pharmaceutical companies, including recommendations for improving approaches to procurement procedures.

ADDITIONAL EXPERIENCE:

Development and improvement of legislation

• participation in preparation of the draft Treaty on Eurasian Economic Union on issues of competition, natural monopolies, investments, energy;
• preparation and participation in supporting of the draft Law of the Republic of Belarus “On Counteracting Monopolistic Activity and Competition Development”, the draft Law of the Republic of Belarus “On Natural Monopolies”;
• member of the working group on development of the draft Law of the Republic of Belarus “On trade and public catering in Belarus”;
• member of working groups on development of the competition law acts of the EAEU and Belarus.

Scientific and practical activity

• co-author of the textbook “Competition law in the Eurasian Economic Union”;
• lecturer at the Belarusian State Economic University for the Master’s program “Economic and Antitrust Regulation”;
• held the first antitrust business game in Belarus;
• author of number of scientific and practical articles on competition law;
• held and participated in seminars devoted Competition and Antirust;

EDUCATION:

• Law Faculty of Belarusian State University, Degree in Law (specialization “Economic Law”);
• Institute of Management and Business Technologies of Belarusian State University, Degree in Finance;
• participation in OECD seminars (competition sector), Budapest, Hungary:
  – seminar on abuse of dominant position, held on 13-15 December 2011;
  – Intellectual property in the context of competition law, held on 10-12 December 2013.

MEMBERSHIP IN PROFESSIONAL ORGANIZATIONS:

• Eurasian Antimonopoly Association.

RECOGNITION:

In 2015 Anton was awarded with a Certificate of Honor from the Ministry of Economy of the Republic of Belarus for his contribution to the drafting of the Treaty on the Eurasian Economic Union.

LANGUAGES:

Belarusian, Russian, English.