Aequo lawyers provided comprehensive legal support to Agrochemical Committee of the European Business Association (AC EBA) and its members on establishing the first in Ukraine voluntary container management system for collection and disposal of empty pesticide containers (Project).

The Project unites biggest international producers of pesticides like Adama, Arysta, BASF, Bayer, FMC, Nufarm, Summit Agro Ukraine, Syngenta (AC EBA Members), which jointly hold more than 60% share on the Ukrainian market of pesticides. The capacity of Ukrainian pesticide market is estimated at USD 1,5 billion.

To the best of our knowledge, this is the first project in Ukraine when the whole industry united to voluntarily collect and dispose empty containers from their used products. Thus, this unique container management system should provide for the safe, effective and responsible management of empty properly rinsed pesticide containers. Given that Ukraine has significant environmental problems, the Project will also help reducing volumes of waste and eventually make Ukraine cleaner.

Our competition team provided legal advice on potential antitrust and other regulatory risks of the Project, their possible mitigation and development of strategy for proper implementation of the Project. Despite the parties significant market shares, our team secured the concerted actions clearance from the Antimonopoly Committee of Ukraine after in-depth Phase II investigation.

The Project’s team included partner Sergey Denisenko, senior associate Oleksandr Tereshchenko and associate Ulyana Zahariya.