Andrii Gorbatenko

Partner, Attorney-at-law

Throughout his career in LA Law Firm, Andrii Gorbatenko has rendered legal services under more than 1200 projects in the field of advertising, promotion, antitrust and competition law, as well as intellectual property issues for well-known pharmaceutical companies such as Boehringer Ingelheim, MSD, Novartis, Teva, Apotex, Jadran, Reckitt Benckiser, Berlin Chemie, Pfizer, Astellas, Takeda, Roche, GSK etc.

Andriy Gorbatenko has more than 50 publications in specialized and legal media, regularly participates as a speaker in the pharmaceutical events of different levels.

He is an author and moderator of training courses for marketing professionals of pharmaceutical companies “Advertising and promotion of medicinal products – an interactive analysis on real examples”, “The wolves are fed and the sheep are safe. How to distribute the samples with minimal risks for the pharmaceutical companies”, “Promotion of medicines in pharmacies: the permitted and forbidden”, “Interaction with medical representatives of pharmaceutical companies and pharmaceutical workers: how to take into account the anti-corruption legislation and regulatory restrictions”, etc.

Implemented Projects

• Drafting of contract templates for clinical trials.
• Leading pharmaceutical company’s interests protection in Antimonopoly Committee of Ukraine in the framework of investigation of distributors’ contracts.
• Reorganization of international company, which distributes medicinal products to CIS countries.
• Support of the establishment of customs license warehouse for medicinal products storage.
• Development of corporate policy in competition field.
• Legal support of projects on dissemination of medicinal products samples.
• Conduct of legal due diligence of international pharmaceutical company representative office.
• Legal support of project on development and conduct of promotional campaign related to large money prize drawing.
• Adaptation of pharmaceutical company policies in accordance with law requirements of Ukraine, Azerbaijan, Belorussia, Georgia, Kazakhstan, Moldova, Turkmenistan, Uzbekistan.
• Drafting of contract template with medicinal products distributor;
• Complex analysis of promotional and advertising materials for medicinal and cosmetics products.
• Legal support of the development and conduct of patients’ support program for one of the leading pharmaceutical companies.
• Advisory support on the conduct of post-marketing survey of medicinal product.
• Conduct of mediation procedure aimed at the resolution of reciprocal claims regarding medicines promotion from two competing international pharmaceutical companies.
• Pharmaceutical company’s interests protection in Antimonopoly Committee of Ukraine in the framework of investigation of the misleading advertising.
• Drafts’ development and legal support of marketing agreements conclusion with pharmacies.
• Advisory support on legal aspects of business model of contract manufacturing and supply of medicinal products to Ukrainian and CIS market.
• Counteraction of competitors’ unfair promotional activities.
• Obtainment of the AMCU conclusions in the form of advisory clarification regarding Ukrainian Competition Law compliance of the marketing agreements concluded with the pharmacies and pharmacy chains.

Recognition

• The LMG Life Sciences Awards 2024: nominated as the Antitrust & Competition Lawyer of the Year.
• The Best Lawyers™ in Ukraine 2022: recognized in сompetition / antitrust, information technology, advertising law and life sciences. Named the Best Lawyers™ 2021 Life Sciences "Lawyer of the Year".
• The Legal 500 Europe, Middle East & Africa 2024: recognized as the head of competition practice Tier 2.
• Client choice. TOP 100 best lawyers in Ukraine 2023: noted among the leaders in antitrust / public procurement.
• Ukrainian Law Firms. A Handbook for Foreign Clients 2023-24: recognized as a Notable Practitioner and included in the list of Top-10 lawyers in Pharmaceuticals & Healthcare. Noted as head of antitrust and competition practice with broad sectoral coverage.

Membership

International Bar Association (IBA)
Ukrainian Bar Association. Head of the UBA Committee on Pharmaceutical Law (2011-2015)
European Business Association

Education

Academy of Municipal Management
The College of Law, International Bar Association (IBA). Cross-border Merges and Acquisitions Course

Admission to the Bar

Ukraine (2009)

Languages

Ukrainian, English, Russian