markina-valeria

Valeria Markina

Biography

Valeria Markina is an associate in the Moscow office of Baker McKenzie.

Practice Focus

She specializes in antimonopoly regulation and internal investigations.

Representative Legal Matters

Competition disputes

  • Representation of a pharmaceutical company in an antimonopoly case concerning the alleged bid rigging of government tenders. The case involves participation of criminal law enforcement authorities and accusation of the company's distributor in a cartel and collusion with a government authority.
  • Representation of a multinational medical devices manufacturer before the Eurasian Economic Commission in a dispute over the manufacturer's distribution system including territorial division and non-compete clauses.
  • Representation of a major multinational manufacturer of medical equipment in concerning alleged collusion with a state authority during a large public procurement tender. The case involved unprecedented cooperation between the antitrust regulator and criminal law enforcement authorities, which ran a parallel criminal investigation against nine individuals concerning the same matter. The case required review of massive case materials including transcripts of meetings and telephone conversations as well as witness statements.
  • Representation of a large multinational automotive manufacturer before antitrust authority in a dispute where the manufacturer is accused of unfair competition which arose from allegedly bad faith refusal to grant the right to import the goods bearing the manufacturer's trademarks to parallel importers, involving antitrust economists to prepare economic opinion.
  • Competition proceedings for a major multinational consumer electronics company prompted by a complaint alleging massive coordination among retailers to fix resale prices. The case involved all large retail chains and internet stores present in the market and ran in parallel with an extensive internal investigation, which aimed to ascertain the relevant fact as the case files were closed by the antitrust authority as confidential. The prolonged negotiations with the antitrust authority resulted in a nominal fine and minimum damage to the client’s reputation.
  • Advice for a subsidiary of a major trucks and buses manufacturer with an antitrust authority's inquiry triggered by a complaint from a potential dealer. Eventually, the antitrust authority declined to initiate formal competition proceedings. The complainant challenged the antitrust authority's decision in court. The courts of all instances up to the Supreme Court denied the challenge.

Internal investigations

  • Multiple internal investigations of whistleblowers' reports from employees of multinational pharmaceutical companies operating in Russia. Among other things, the whistleblowers' reports alleged an exclusive distribution system, improper relations with healthcare professionals, fraud by using intermediaries, and collusion in state procurement.
  • Internal investigation for a major multinational software and hardware company' subsidiary in the area of its interactions with distributors, competitors and procuring entities in connection with public procurement tenders under the series of dawn raids by the antitrust authority accusing the entity of cartel agreement. The circumstances requested massive data review and prompt defense strategy development, which has proved its efficiency.
  • Extensive internal investigation of business partners’ activities for a major multinational energy management company prompted by the company’s complaint about substantial overpayments by the company’s business partners. Company’s partners were suspected of colluding with end customers to restrict competition at customers’ tenders in exchange for kickbacks for the procurement officers. The internal investigation involved extensive review of data from employee laptops, engaging investigators and terminating the company's employees.
  • Comprehensive anti-bribery compliance risk assessment of one of the leading international telecommunications companies operating in Russia, which involved extensive document review and analysis of actual business practices and resulted in a detailed report with recommendations on the identified risks.
  • Internal competition audit for a Russian subsidiary of a global beverage conglomerate, aimed at assessing compliance with competition law and enhancing the client’s existing competition compliance program. The audit resulted in development of the competition law compliance policy tailored specifically for the needs of the customer in terms of competition issues, such as refusal to deal, discounts and rebates, selective distribution, category management, information exchange.

Corporate compliance

  • Develop and revise antitrust and anti-bribery compliance policies and regulations including bonus/discount/commercial policies and guidelines how to communicate with distributors and other customers for multinational manufacturers in various industries (IT, pharmaceuticals, medical devices, energy management and automation, FMCG, cosmetics, fragrances, etc.).
  • Hold antitrust, anti-bribery, and public procurement compliance trainings for employees of multinational companies specializing in various industries (energy management and automation, pharmaceuticals, medical devices, FMCG).
  • An anti-bribery compliance risks assessment of one of the leading Russian metal companies with extensive overseas operations and drafting a global anti-bribery compliance policy for the company.
  • Ongoing assistance to multinational pharmaceutical manufacturers on their interactions with distributors, customers including public procurement issues, localization projects, etc.
  • Advice for a large tobacco producer on challenging a merger of its competitors, and submission of the relevant application to the regulator. The regulator approved the merger subject to certain conditions some of which were suggested as remedies in the submitted application.
  • Advice for a global payments system on the competition law implications of its exclusive sponsorship of a major international sporting event in Russia with its further successful implementation which required technical knowledge of the client’s highly regulated industry, the hosting rights peculiarities for major sporting events from international sports organizations and a good knowledge of the competition regime and enforcement trends in Russia.
  • Advice for multinational medical devices and automotive manufacturers regarding responses to information requests of the Eurasian Economic Commission.
  • Ongoing assistance to a major multinational automotive manufacturer regarding development and implementation of internal antitrust compliance policies and procedures covering all aspects of the client’s business in Russia and the Eurasian Economic Union, such as retaining and terminating dealers, establishing non-discriminatory commercial terms (supplies, payments, discounts, etc.), developing promotional campaigns, organizing distribution of spare parts to authorized dealers and independent service stations, etc.
  • Advice for a large multinational car manufacturer on interaction with dealers in consideration of recent enforcement practice of antitrust authority. The project involved developing a position in respect of resale price maintenance, monitoring distributors' prices via the company's electronic system, public placement of distributors' retail prices on the company's website, and fixing prices for working hours of dealers' services and for sale of spare parts and dealers' services via special packages; Advice for multinational companies in various industries (FMCG, high-tech, pharmaceuticals, automotive manufacturers) on advertising law issues, including advertising on the Internet and addressed mailing.

Admissions

  • Russia (2015)

Education

  • National Research University Higher School of Economics (Specialization Degree Law) (2015)

Languages

  • English
  • Russian