The largest fines imposed by the Antimonopoly Committee of Ukraine (the AMC ) in 2017, by type of violation: 2,076,300 on Sanofi Aventis Ukraine

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1 The largest fines imposed by the Antimonopoly Committee of (the AMC ) in, by type of violation: Bid rigging Anti-competitive concerted practices 4,15,600 40,939,501 Crude oil & gas condensate tobacco products Mobile communications In, the AMC issued 131 decisions imposing fines for failures to notify, including 56 decisions in relation to foreign-to-foreign. Standard 19 The range of fines imposed in : 56 petroleum and diesel, LPG, aviation fuel eco labelled products Amnesty banking services, payment processing services 37 Min. amount Max. amount Standard Foreign-toforeign mobile phones 18,500 Foreign-toforeign Other 75 13, Amnesty Other 57 Fixed amount of fines ( 3,600) imposed by the AMC under the 'amnesty' applicable until 15 March for transactions which were completed before 15 September 015. The amounts of fines are indicated approximately according to the official exchange rate of the National Bank of as of 31 December : 1 = UAH Specialised airport services 131 decisions in total, including: mobile services duty free shops Boryspil State Enterprise Key figures on merger control violations in : food and beverages: poultry, eggs, oil, alcohol, confectionary waste management, water supply and drainage services 381,600 Kyivstar (Veon Group) Pharmaceuticals electricity, thermal energy BANK 636,100 including,076,300 on Sanofi Aventis including 9,93,700 on Ukrtatnafta pharmaceuticals Abuse of a dominant position Total fine: Total fine: Sectors on the radar of the AMC in : Spreading misleading information 3 both for foreign-to-foreign and other

2 Review of the largest fines imposed by the Antimonopoly Committee of (the "AMC")1 January December Foreign-to-foreign without the prior approval of the AMC 13,700 FMC Corporation, USA 10,100 Berklemond Investments LTD, Cyprus 16,800 Other without the prior approval of the AMC 1 Wilmar International Limited, Singapore (Wilmar Group) 8,400 Archer Daniels Midland Europe B.V., Netherlands (ADM Group) 8,400 13,700 Two individuals-residents of (TIS Group) 7,600 Unibudinvest PJSC, 7,600 Southern Agrarian and Export Company LLC, Agrochemical products Acquisition by FMC Corporation of more than 50% of the shares of Cheminova A/S (Denmark), a producer of crop protection solutions, without the prior approval of the AMC. 9 November Mining and quarrying Acquisition by Berklemond Investments LTD of more than 50% of the shares of Kadish Limited (Cyprus), an iron ore miner, without the prior approval of the AMC. 3 November Agriculture Establishment of a joint venture Olenex S.à.r.l. (Switzerland) by Wilmar International Limited and Archer Daniels Midland Europe B.V. without the prior approval of the AMC. According to the decision, Olenex S.à.r.l. was established in 01 as a general partner of the existing company Olenex C.V. (Netherlands) and did not conduct any commercial activity until November December Shipping services Indirect acquisition of more than 50% of the shares of Cornlex Impex Limited LLC (Cyprus) without the prior approval of the AMC. 8 December Hotel services Acquisition by Unibudinvest PJSC of more than 50% of the shares of KERT LLC () without the prior approval of the AMC. 3 May Agriculture Acquisition of more than 50% of the shares of Balovnianska Production Plant LLC () by Southern Agrarian and Export Company LLC without the prior approval of the AMC. June This overview is prepared by Redcliffe Partners based on decisions issued by the AMC between January and December. Approximate equivalent in EUR, according to the National Bank of exchange rate as of 31 December : EUR 1= UAH

3 Anti-competitive concerted practices 4,15,600 Optima-Pharm LTD LLC, -Estonia 1,16,800 BaDM LLC, 859,500 Sanofi introduced a unified rebates system for all of its Ukrainian discounts to the end-consumers. The AMC concluded that such practices resulted in overpricing of Sanofi's pharmaceuticals, market allocation by product range, and market foreclosure for cheaper generic substitutes of Sanofi's products3. The companies were fined for bid rigging by way of "cover pricing", in particular, based on the following findings by the AMC: the companies divided the lots based on the closest location of their oil and NPK-Galychyna PJSC gas condensate fields; 9,760,500 the participants exchanged information on their proposals as evidenced by: Garant-UTN LLC 40,939,50 Kotlas LLC 49,800 Trading House (i) similar wording of the bid proposals; (ii) their bids containing bank guarantees issued by the same bank and almost at the same time; (iii) the fact of some participants providing financial aid to others, in particular, for obtaining of the required bank guarantee4. Crude oil and gas condensate Prykarpattianaftotrad e LLC 100 Galnafta LLC 0 (all the above companies are Ukrainian entities) November Since such discounts were off-invoice, there was no pass on of the 9,93,700 Bid rigging distributors awarded based on the points earned for fulfilment of certain conditions, e.g. for volumes, stock maintenance, sales of particular medicines in public procurement tenders, etc. The points were earned based on all sales while discounts were applied only to particular products, which faced an intense competition. Pharmaceuticals Ukrtatnafta PJSC 1,196,400 Sanofi and its two largest distributors were fined for anti-competitive concerted practices based on the following findings of the AMC: Sanofi Aventis LLC ("Sanofi"),,076,300 The AMC decision is currently being challenged in court by Sanofi. The AMC decision is currently being challenged in court by Ukrtatnafta PJSC, NPK-Galychyna PJSC, Garant-UTN LLC, Kotlas LLC and Galnafta LLC. 3 3 March

4 1,50,000 Techmorhydrostroy Mykolayiv LLC, 1,141,000 Inflot Danubius Agency PE, 109,000 The companies were fined for bid rigging by way of "cover pricing", in particular, based on the following findings of the AMC: the companies had common commercial interests as evidenced by Dredging operations providing of financial aid to each other; Inflot Danubius Agency PE had no intention to win the tender as evidenced November by submission of a forged time-charter agreement entered into with the entity which had no rights of use of the ships which were required for provision of dredging operations5. The companies were fined for bid rigging by way of "cover pricing", in particular, based on the following findings of the AMC: 686,000 Ligos UA LLC, 619,500 Ukrzviazokhidrobud LLC, 66,500 the companies exchanged information on their proposals as evidenced by Dredging operations (i) similar wording in the proposals; (ii) provision of the bank guarantees issued by the same bank and almost at the same time; the companies had common commercial interests as evidenced by a regular 7 September provision of financial aid to each other; Ukrzviazokhidrobud LLC ensured winning of the bids by Ligos UA LLC by providing it with the required software and by overpricing its own proposal. Abuse of a dominant position 381,600 Boryspil International Airport State Enterprise ("Boryspil SE"), Specialised airport services Boryspil SE enjoyed a natural monopoly on the market for specialised airport services in Boryspil Airport and also provided adjacent aircraft ground handling services which could be furnished by other operators. According to the AMC, Boryspil SE abused its monopoly position in the market for specialised airport services, in particular, through: foreclosing access to the market of aircraft ground handling services by refusing to approve applications by Interavia LLC for certificates of conformity for airport operations, without justified reasons; charging excess fees for use of the airport infrastructure which is required for provision of aircraft ground handling services by other providers The AMC decision is currently being challenged in court by Techmorhydrostroy Mykolayiv LLC and Inflot Danubius Agency PE. The AMC decision is currently being challenged in court by Boryspil SE. 4 4 January

5 160,300 Euroterminal LLC, Cargo transportation From March 016 until November, Euroterminal LLC was operating the only cargo storage and entrance to Odessa Marine Trade Port as a result of Odessa City Council s prohibition to use all other entrances. According to the AMC, in the absence of alternative providers, Euroterminal LLC abused its dominant position through: imposing additional chargeable services for forwarders and transport 1 December operators; increasing prices for its services (e.g. by way of cancellation of the applicable discounts) without any objective reasons. 1,900 Scientific Research Institute of Applied Information Technologies PrJSC (the "Institute"), The Institute was exclusively empowered by the Ministry of Education and Science of to operate a unique software, required for production of students ID cards. According to the AMC, the Institute abused its dominant position through: Manufacturing of students' ID cards delaying licensing of the software for commercial use by other ID producers; imposing technical support and staff training for licensed ID manufacturers and delaying provision of such services. 6 April As a result of the above actions, other ID producers were unable to meet their contractual deadlines, and their customers had to order IDs from the Institute despite its higher prices7. Kyivstar was fined for spreading misleading information on tariffication of outgoing, international and forwarded calls based on the following findings of the AMC: Unfair competition (misleading information) Kyivstar indicated on its web-site, in start-up packages and promo leaflets, 636,100 Kyivstar PrJSC ("Kyivstar"), (Veon Group) Mobile communications that calls were billed "per second", while the cost of a full minute was charged as of the first second of the call; and neither Kyivstar's start-up packages, nor the promo leaflets, contained complete information on tariff conditions. Consumers could obtain this data only by contacting Kyivstar's information desk after SIM card activation or by searching the web-site (however, it required three steps to access the web-page with complete information on tariff conditions). 7 The AMC decision is currently being challenged in court by the Institute December

6 Thus, according to the AMC, the above information was incorrect, incomplete and inaccurate, and might have influenced consumers' intention to purchase mobile communication services from Kyivstar. 581,100 lifecell LLC, (Turkcell Group) Mobile communications The AMC fined lifecell LLC based on allegations almost identical to those discussed above with respect to the Kyivstar case8. 18 September Kamyanka Global Wine LLC was fined for spreading misleading information, in particular, by: stating that its wine was imported from All over the World, while its wine materials were imported only from several countries; 09,300 Kamyanka Global Wine LLC, Alcohol placing an image of the Georgian flag and indicated "100% Georgian wine", "Georgia", "Georgian", "Georgian traditions", "Georgian wines" in Georgian on its website, labels, and packages, for wine which was actually produced in. 7 December According to the AMC, such misleading information might have influenced customers' intention to buy wine from Kamyanka Global Wine LLC. Failure to provide information to the AMC or submission of inaccurate or incomplete information 8 6,700 Ukrzviazokhidrobud LLC, Dredging operations 4,000 Pharmaceutical Firm Darnitsa PrJSC, Pharmaceuticals 3,800 Trapeza LLC, Food products Failure to meet a deadline for provision of information to the AMC. 18 April Provision of inaccurate information to the AMC. 7 December Failure to meet a deadline for provision of information to the AMC. 7 December The AMC decision is currently being challenged in court by lifecell LLC. 6