Competition

Most representative projects

ACT LEGAL (see profile ...)

Assisted Franco-Belgian Group Louis Delhaize, owner of Cora retailer, in the successful sale of its Romanian operations to Carrefour Group - this is one of the most notable transactions in the Romanian food retail market over the last years. The firm’s ample competition assistance in the file included: (I) merger clearance with the competition authorities (i.e. European Commission and Competition Council), (II) market share analysis, review of past practice of the European Commission and EU member states, as well as of the Competition Council and (III) FDI clearance (foreign direct investment regulation) matters.

Assisted Intrarom, a major information and communications technology vendor on the Romanian market, in relation to drafting and implementing a Competition compliance package and organizing a competition training session with Intrarom employees. The matter was important as Intrarom was previously sanctioned for rigging tenders. It was included on a blacklist by the Competition Council and National Agency for Public Procurement and therefore had issues in public procurement procedures. Moreover, the firm is further providing general day-to-day assistance on various competition law matters as well as annually providing competition compliance training sessions for the client.

In the context of price increases caused by the energy crisis, the firm assisted and represented E.ON Energie Romania in relation to a series of formal information requests from the Competition Council in the energy sector (both in the natural gas and power market), with focus on the natural gas/power acquisitions and supply to consumers.

Assisted and represented Delgaz Grid in relation to formal information requests from the Competition Council with respect to the Study on the power market with focus on the identification of possible legislative barriers in the process of approval and connection of new investments in renewable electricity generation capacities.

Assisted and represented the client in relation to a dawn raid by the Competition Council, as well an investigation concerning alleged price fixing in the promotional sales. This matter included assistance regarding the Competition Council`s investigation, preparation of the case, risk analysis, various communications with the authority, drafting observations to the investigation report and representation during the hearings before the Competition Council plenary. The case raises intricate issues relating to the evidentiary standard required in antitrust investigations, by reference to the guarantees awarded under the jurisprudence of the European Court of Justice. 

Specialist lawyers: Stefan Botezatu, Andrei Petre, Lorena Samoila, Daniela Goreacii.



BIRIS GORAN SPARL (see profile ...)

Assistance in the sale of MedEuropa to Affidea, the pan-European diagnostic imaging and community-based polyclinic and specialist healthcare, handling all sell side merger control, ancillary restraints, and foreign direct investment  matters.

Assistance for Prutul, the leading edible oil producer in Romania, in an investigation commenced in spring 2023 by the Competition Council focused on alleged price fixing.

Assistance in connection with the merger filing for the acquisition by CTP of a large industrial and logistic parks portfolio in Western Romania, Central Romania and in the metropolitan areas of Bucharest and Pitesti (both in Southern Romania), from Globalworth.

Assisted Publicis Groupe in litigation related to a Romanian Competition Council fine for an alleged failure to notify and seek merger control clearance from the antitrust authority.

Ongoing assistance for Procter & Gamble on a wide range of competition compliance matters arising from their dominant and non-dominant market position. 

Specialist lawyers: Gelu Goran, Razvan Bardicea, Radu Jianu, Radu Iosub.



BOGARU, BRAUN NOVIELLO & ASOCIATII (see profile ...)

Assisting one of the world’s leading credit insurance service providers in connection with the adjustment and applicability of the specific products to the Romanian insurance laws.

Legal assistance to an international company with relation to the setting up of a branch in Romania.

Acting for international aircraft lessor in relation to leasing to a local flag carrier airline including reviewing insurance requirements and policy documentation.



BOHALTEANU SI ASOCIATII (see profile ...)

Advising Banca Transilvania, in connection to various competition law matters.

Advising Genesis Pharma, a leading player in the pharmaceutical market, in connection with various aspects related to European Union and national competition law matters, such as related to distribution agreements and other specific items.

Advising the local affiliate of a global Irish based pharmaceutical company, focused on developing, manufacturing and commercializing branded pharmaceutical, device, biologic, surgical and regenerative medicine products, in connection with various competition law matters including with respect to distribution agreements, and specific advice on the potential implementation of various business models.

Advising an important private stem cell bank on various matters involving competition law elements, as well as specific regulatory analysis from a national and EU law perspective.

Specialist lawyer: Daniela Milculescu.



BONDOC SI ASOCIATII SCA (see profile ...)

The law firm is assisting Oltchim (largest chemical producer in Romania), together with White & Case LLP, in challenging at CJCE the EU Commission’s decision arguing that Oltchim has benefitted from illegal state aid in the past exceeding €330 million. The team is assisting on all Romanian law aspects of the case, while supporting on EU state aid as well. Oltchim filed the appeal on August 14. This is the first time a Romanian law firm is involved in such a case, the firm's offer being selected in consideration of both their expertise and knowledge of the sector.

Netcity Telecom/Direct One is the underground optical fibre telecommunication network in Bucharest, an innovative project and one of the largest investments based on a public-private partnership (Netcity concluded a concession agreement with the City Hall of Bucharest for a period of 49 years). The firm's antitrust team has offered legal assistance in connection with the infringement investigation launched by the Competition Council concerning certain commercial practices between Netcity and its customers, allegedly amounting to an abuse of dominance on the part of Netcity. The investigation was one of the most complex ones carried-out by the Competition Council, not only due to the public-private component but also the various authorities involved and the constraints and particularities of the legislative framework. The law firm's antitrust team has been involved in all elements and phases of the investigation, including the submission of responses and clarifications to the questions of the authority, building-up a strong defence case against the unfounded dominance abuse allegations as well as representing Netcity in front of the authority. In 2019, the volume of work in this investigation intensified in an unprecedented manner, as a result of multiple requests and enquiries of the Competition Council and as a result of the communication of the Investigation Report and issuance of the Competition Council’s decision.

Assistance for Dante International (subsidiary of Naspers and owner of eMag platform) in connection with a very complex cross border joint venture project involving extensive documentation and which required competition law advice on a wide array of subjects, such as horizontal and vertical agreements, dominance related aspects, structuring of joint ventures, etc. The project included collaborations with 3 international law firms.

Assistance for Merck, Sharp & Dohme in connection with the selection of wholesalers and the structuring of the commercial policy for its entire portfolio in Romania. The law firm has also assisted MSD on a large spectrum of competition law matters, including aspects related to prices, the relationship with the distributors, dominance related aspects, commercial policies, general terms and conditions of business, discounts, etc.

Regular competition law advice for Sanofi in connection with a wide range of antitrust topics, with particular emphasis on aspects related to commercial policy and discount grids, prices, antitrust aspects related to dominant market power, agency agreements, distribution agreements as well as complex analysis in connection with public tenders. The firm has also assisted Sanofi in connection with the sector enquiry launched by the Romanian Competition Council on the OTC and food supplements’ market.

Specialist lawyers: Lucian Bondoc, Raluca Voinescu, Simona Petrisor.



BULBOACA & ASOCIATII SCA (see profile ...)

Provided legal assistance and representation to EximBank before the Competition Council in relation to the merger clearance procedure required in concern of the transaction by which EximBank acquired the control of Banca Romaneasca from the National Bank of Greece.

Provided legal assistance and representation to H4L Development before the Competition Council in relation to the merger clearance procedure regarding the transaction by which it acquired the control of Electromontaj, one of the most important construction companies in Romania in the building and maintaining power lines market.

Assisted one of the most important companies in the short-message payment services market in its dispute with a leading mobile operator in Romania in concern of damages suffered as a result of the latter’s abuse of dominant position. The work included assistance and representation before the Competition Council, settlement negotiations, assistance related to the filing of the damages claim.

Provided legal assistance and representation to an important company in the documents and data automatic processing services market in the court proceedings for the annulment of the Competition Council decision regarding an alleged market sharing infringement.

Specialist lawyers: Alexandra Radu, Cosmin Pohaci.



BWSP HAMMOND BOGARU & ASSOCIATES (see profile ...)

Assisting an IT&C company in front of the Competition Council in relation to a claim concerning the abuse of dominant position and collusion between the companies acting on the market of software distribution. 



CLIFFORD CHANCE BADEA (see profile ...)

Advising CSL Behring, a global biotechnology company, who was fined €15.5 million by the Romanian Competition Council for an alleged collusive behavior between several companies to limit and eventually suspend the supply of immunoglobulins to the Romanian market. The law firm initially assisted the client in relation to the investigation, and currently in relation to challenging the decision before the courts of law.

Advising Affidea Group, a highly regarded medical group active throughout Europe, on obtaining merger clearance for the acquisition of cancer care provider MedEuropa Romania.

Advising PPC Group on obtaining merger clearance for the acquisition of the renewable energy generation portfolio of Evryo Group.

Advising a bank in relation to the Competition Council's investigation regarding the application of the FICO score in the banking sector.

Advising Ambienta, an European private equity investment fund, on obtaining merger clearance for its acquisition of Maccaferri Group, a supplier of civil engineering and geotechnical products and solutions.

Specialist lawyers: Simona Neagu, Eleonora Udroiu, Vicu Buzac, Stefan Dinu, Radu Costin, Andreea Cretan, Roxana Barboi, Filip Marinau.



CORINA POPESCU LAW OFFICE (see profile ...)

Claims and statements of defense formulated before the Competition Council or before Romanian Courts for various companies acting in different fields of industry



D&B DAVID SI BAIAS SCA (see profile ...)

Assisted 3 companies in an investigation into alleged bid rigging agreements on the Romanian market for wood acquisition.

The law firm is providing legal assistance to a cement manufacturer during the investigation launched by the Competition Council on the Romanian cement market.

Assisted the main players on the tourism service market in the investigation launched by the Competition Council in 2015 having as object an alleged exchange of sensitive information.

The law firm is assisting a client in wholesale petroleum distribution business in various competition matters.

Assisted a client in an investigation regarding anti-competitive agreements on the market of meters and related equipment for measuring electricity.

 

Specialist lawyers:Sorin David, Adrian Ster, Lucian Bozian, Sonia Voinescu, Raluca Maxim.



DENTONS EUROPE - ZIZZI-CARADJA SI ASOCIATII SPARL (see profile ...)

Assisting the Romanian Association of Financial Companies (ALB), as well as some of its members (both financial leasing and consumer leasing companies) in connection with the investigation initiated by the Romanian Competition Council on the financial leasing and consumer credit markets in Romania. The efforts of the firm's competition team has resulted in the statement of objections being returned by the plenum of the Competition Council, following hearings, to the case handler for the revision of the report, which is an almost unprecedented move.

Successfully assisting both Metro and Auchan in implementing the first ever joint acquisition project in Romania. The project is now in the first year of implementation and both Auchan and Metro continue to retain the firm as joint counsel advising on all competition matters related to the project.

The law firm has been advising Dual Man on the investigation initiated by the Romanian Competition Council on the road signage market. Following the expert advice provided by the firm's competition team, the client has been exonerated of any infringement of competition regulations.

Advised and successfully represented Auchan in obtaining the annulment by the court of first instance of the €5 million fine imposed by the Romanian Competition Council to Real Hypermarkets.

Assisting a confidential client in the assessment of an information exchange implemented by members of an association. The scope of work has included a forensic investigation of emails (performed with the firm's internal resources), interview with key stakeholders and issuing recommendations with respect to risk mitigation actions and reforming the reporting practice.

Specialist lawyer: Raul Mihu.



DLA PIPER DINU SCA (see profile ...)

The law firm has performed a thorough assessment of the practices of a major international health and home products company to identify any competition law concerns and to design measures to mitigate such concerns. The firm is advising the company in the sector inquiry opened by the Romanian Competition Council. The team has already advised the client on a number of complex and challenging competition and regulatory matters, related mainly to commercial campaigns, advertising/promotions, category management projects and the commercial and discount policies applied for various products in their portfolio.

The firm is assisting RASCI on the full array of antitrust matters, including by advising on potential competition-related risks in the context of interactions between competitors, by supporting RASCI in drafting clear internal policies regulating the activities of the association and by regularly attending all board meetings and general assemblies. The firm is equally assisting RASCI with respect to requests for information from the Competition Council in the context of the authority's sector inquiry on the market for OTC drugs, food supplements and self-use medical devices, and the authority’s newly launched yearly study on legal barriers to entry on the Romanian market.

Assisted the leading Norwegian aluminium group Norsk Hydro ASA in the merger clearance process resulting from the divestment of its Romanian extrusion plant, Hydro Extrusion, to another major player of the sector, Hammerer Aluminium Industries GmbH. The legal assistance provided to Norsk Hydro ASA involved assistance with respect to the relevant competition council approvals (including Romania, Hungary and Germany).

Advised Greenweee International on the merger clearance aspects of the acquisition of Eltex Recycling, one of the leading waste management companies in Romania. The assistance provided involved preparing the submission to the Romanian Competition Council, performing the market and economic assessment, developing the strategy in front of the Romanian Competition Council. The firm has also provided competition law input on the merger clearance processes in Serbia and North Macedonia.

Advising ACODAREN in the context of an on-going investigation of the Romanian Competition Council as regards cartel allegations concerning the relationship between the members of ACODAREN and insurance companies. The complexity of the project is emphasized by the number of companies involved (more than 50 members of ACODAREN) and also by its impact on the market, as the car brands in question cover a significant proportion of the Romanian market.

Specialist lawyers: Livia Zamfiropol, Alina Lacatus.



DORU TRAILA, SILVIU STRATULAT, ADRIANA ALMASAN, ANDREI ALBULESCU - ATTORNEYS AT LAW (see profile ...)

Assisting a Romanian company operating in the energy sector, investigated by the European Commission for allegedly benefiting of State aid. Assisting and representing two industrial producers during the investigation in the electric energy sector.

Assisting and representing an industrial producer during the preliminary procedures initiated by the Romanian Competition Council regarding the green certificates.

Advising the sole infrastructure operator in a telecom sector regarding the project development structure following competition compliance. Provide training and compliance programs on competition law for large operators in FMCG, telecom, white goods products.

Specialist lawyer: Adriana Almasan;



DRAGNE & ASOCIATII (see profile ...)

Monitoring the implementation of the commitments undertaken by one of the top three players on the Romanian telecom market, on behalf of the Competition Council. During the monitoring procedure, originally decided by the Competition Council to cover a three years period, as a monitoring agent we needed to ensure that the telecom operator and its distributors/sub-distributors are taking all the necessary measures, both contractually as well as in respect of business behaviour, to remove the anti-competition concerns.

Assisting and representing one of the largest food distributors in unfair competition issues against a multinational consumer goods company (the use of confidential data and information regarding the retail clients, taking over clients and staff etc.)  and in relation to the contractual liability resulting from breach of the non-exclusive distribution contract. We have also been in charge with establishing the overall approach and project’s strategy.

Representing a major wholesale player in EMEA region and provider  of telecommunication services in an unfair competition case file against a similar player (the matters concerns the appropriation of clients, the use of confidential inside information etc.). The value of this case file is of roughly EUR 500.000.

Assisting a company that owns three television licences at a national level in relation to the investigation launched by the Competition Council concerning the breach by the National Council of Audio Visual of the competition law by issuing a decision that limits the commercial autonomy of companies and by establishing discriminatory conditions (must-carry principle).

Specialist lawyers: Stelian Garofil, Andreia Dumitrescu;



FILIP & COMPANY (see profile ...)

Assisting the VIG entities during the entire administrative procedure before Romanian Competition Council, starting with the dawn raids and ending with the hearings before the authority. The Romanian Competition Council investigated alleged practices of exchange of sensitive information between insurance companies via UNSAR (the national insurance companies’ association) and applied significant fines.

Assisting Edenred Romania in the investigation launched under Order of the President of the Competition Council no. 710/12.06.2023 regarding the possible infringement of Art. 5 (1) of the Competition Law and Art. 101 (1) of the Treaty on the Functioning of the European Union by the undertakings Edenred Romania, Sodexo Pass Romania and Up Romania, on the market for the issue and sale of vouchers.

Assisting CIT One, one of the largest cash services companies in Romania with respect to the implementation and compliance with the commitments undertaken in the context of the transaction (approved by the Romanian Competition Council) by which three of the largest banks in Romania became shareholders of CIT One.

Specialist lawyers: Catalin Suliman, Silviu Vasile, Catalin Alexandru, Roxana Rosca, Tudor Popa, Liliana Dranca, Roxana Rosca, Ruxandra Tenea.



GNP GUIA NAGHI & PARTNERS (see profile ...)

Assists Mega Image – Ahold Delhaize Group in the potential acquisition of Profi, the largest transaction in the retail sector valued at approx. €1.3 billion. The transaction has community dimension based on the criteria provided by the EU rules and they have filed to the European Commission a reasoned submission of a pre-notification referral. The team has filed the notification form to the RCC on 19 March 2024 and they expect the authorization process to be completed by end of 2024, as they are currently closely working with the economist team, as well as with the competition authority representatives within the commitments procedure (which have already been published for public consultation). The team has already secured the FDI clearance of the transaction. The merger is likely to be the most complex merger file ever analyzed by the Romanian Competition Council (e.g. the number of distinct relevant markets exceeds 1,500).

Provided legal counsel to both the buyer and the seller in the acquisition by CIS Gaz of a controlling interest in Next Energy Distribution. Both entities are engaged in activities related to natural gas supply and pipeline construction, as well as associated services - CIS Gaz specializes in the design, manufacturing, and installation of infrastructure and facilities for the oil and gas sector, along with supplying equipment utilized throughout the production process and Next Energy Distribution primarily focuses on trading minerals, fuels, metals, and industrial chemicals. The law firm also assisted on the merger carried out by Next AG Holding and CIS Gaz by acquiring joint control over CIS Real Evolution.

Currently, there is an ongoing commitments procedure before the RCC regarding the investigation on the poultry meat production market concerning the possibility of competition law infringement by entering into agreements and/or concerted practices to limit the supply of products, with the aim of artificially increasing sales prices, with the facilitation of such practices by the Romanian Poultry Breeders' Union. Through meticulous analysis and strategic insight, the team has provided relevant commitments that address the concerns raised by the RCC. As part of the commitment procedure, the formulated commitments underwent a crucial phase of public consultation. This entailed soliciting feedback and insights from market participants, industry experts, consumer groups, and other interested parties. The input gathered during this consultation process will be carefully considered by the Competition Council in its final decision making process.

Assisted Toyota Romania in preparing responses to a request for information from the Romanian Competition Council concerning a study on the competitive landscape of the electric vehicle market and charging infrastructure in Romania. The team contributions included collecting and interpreting relevant data, ensuring regulatory compliance, and strategically drafting comprehensive responses. This support ensured Toyota Romania’s submission was thorough and accurate, reinforcing the company's position in the competitive electric vehicle market.

Provided BRD - Groupe Societe Generale extensive legal support through a bespoke competition training initiative meticulously tailored to address the diverse array of competition law challenges prevalent in the financial institutions market. This comprehensive training program delved deeply into various facets of competition law, offering an in-depth exploration of relevant examples, landmark case law, and specific activities known to potentially trigger competition issues within the sector. 

Specialist lawyers: Manuela Guia, Otilia Vilcu, Patricia Avramescu, Tudor Pasat, Andreea Ivanis, Teodora Balas.



GRUIA DUFAUT SI ASOCIATII SCA (see profile ...)

Legal consultancy for evaluating the requirements for notifying the Competition Council or obtaining CSEID approval for foreign direct investments (FDI) in M&A transactions managed by the firm. Legal support in preparing the necessary documentation.

Specialist lawyer: Cristina Bojica.



KINSTELLAR (see profile ...)

Advises Perrigo, a manufacturer of private label over-the-counter pharmaceuticals, on day-to-day competition advice in Romania, including on a competition law compliance audit and in a sector inquiry from the Competition Council.

Advised a new client, Lesaffre, a leading manufacturer of food products and a leader in fermentation, on the review and rollout of its local competition compliance system. Additionally, they are delivering competition training to key local personnel to ensure adherence to regulations and best practices in the industry.

Advising a longstanding client in the banking sector on various matters, including a newly launched antitrust investigation by the local competition authority concerning the functioning of the national credit bureau and an alleged anti-competitive agreement with other shareholders. The assistance included reviewing internal documents and those seized during the authority's dawn raid, conducting interviews with relevant personnel, and drafting a comprehensive memorandum outlining conclusions from a competition law perspective and suggested defense strategies in response to the investigation.

Advised numerous clients across various sectors, including energy (renewables), IT and telecommunications, pharmaceuticals, real estate, on FDI filings and clearance processes in Romania. Their comprehensive services encompass navigating regulatory frameworks, conducting due diligence, and ensuring compliance with local laws and EU regulations. The team assists clients in preparing the necessary documentation, addressing potential competition concerns and facilitating discussions with relevant authorities. Their team's expertise in FDI matters enables us to provide tailored solutions that support their clients' strategic objectives while mitigating risks associated with foreign investments in the Romanian market.

Advised their long-standing client, Canadian Nuclear Partners, part of Ontario Power Generation, on various competition and FDI matters. This includes navigating the necessary filings with authorities related to the framework agreement concluded with the state-owned power producer SNN Nuclearelectrica for the refurbishment of Unit 1 at the Cernavoda Nuclear Power Plant. Their comprehensive support encompasses compliance with applicable regulations, ensuring a smooth process in aligning with the legal requirements essential for this significant infrastructure project in Romania's energy sector.

Specialist lawyers: Iustinian Captariu, Catalin Graure, Cristina Costin, Andreea Vladareanu.



LEROY SI ASOCIATII (see profile ...)

Assisted Yves Rocher with the merger control proceedings for the acquisition of Sabon Romania, its distributor in Romania of Sabon products. The matter involved the drafting and filing of the merger control notification form with the Romanian Competition Council.

Assisting Tereos Romania, one of the most important players in the field of sugar manufacturing, in connection with the competition law aspects entailed by its agreements with beets farmers.

Assisting and representing ETi European Food Industries in connection with the setting up of several distribution agreements, for the Czech Republic, Slovakia, Croatia and Slovenia. The firm's work covers the drafting and negotiating the distribution agreements with the selected distributors, while observing particulars of the non-EU jurisdiction, and also entails the structuring of the distribution relationship in a manner compliant with EU competition rules.

The law firm has continued to assist Tedis, a renowned French distributor of pharmaceutical products, in relation to the negotiation and implementation of its distribution agreements with several major manufacturers of innovative and generic pharmaceutical products, in order to ensure compliance with antitrust and distribution rules. The firm's long-standing relationship with Tedis on this matter is a confirmation of it's expertise in cross-border distribution projects, at European level and beyond. The countries concerned by the agreements reviewed by us for Tedis are located in Africa and Asia.

Assisting and representing Formel D ,one of the most important players in the field of automotive industry quality services, in connection with the Romanian part of the transaction whereby it acquires a smaller competitor for gaining supplementary market access.

Specialist lawyer: Bruno Leroy.



MARKO & UDREA (see profile ...)

Assisting a company active in Agribusiness in an investigation undertaken by the Romanian Competition Council.

Specialist lawyers: David Oprea, Gabriel Udrea.



MPR PARTNERS | MARAVELA, POPESCU & ASOCIATII (see profile ...)

Advised Autotechnica Fleet Services, a HERTZ franchisee, in connection with an investigation conducted by the Competition Council in relation to the alleged infringement of article 5 of the competition law and/or article 101 of the Treaty on the Functioning of the European Union by the client.

Assisted the Ministry of Finance in connection with all competition law issues involving State aid and antitrust assessments and defenses relating to the arbitral cases they are assisting with. Their work involved the (i) analysis of the measures adopted by Romania with regards to the green certificate scheme from the perspective of the Romanian and EU competition laws, (ii) an assessment if there is a serious risk of infringing the competition law by bringing all of these types of claims in one single arbitration, (iii) drafting of the relevant submissions with regards to the aforementioned issues on an ongoing basis during the course of the matter being heard before the tribunal and (iv) liaising with the Competition Council.

Advised a global technology group in connection with the competition law implications of several joint bid options scenarios for a Romanian tendering procedure concerning cloud services for the integration to the European Union single digital gateway. Their work focused on analyzing, for the envisaged joint bid scenarios, the risks of exclusion from the tendering procedure on the grounds of competition rules infringement, as well as on providing advice on joint bidding best practices from a competition law perspective.

Advised a major European sports equipment producer with regards to all legal aspects pertaining to the transfer of the alpine bindings business from a Romanian company active in plastic processing including the manufacturing of plastic components for automotive and industrial customers including winter sports equipment. Their work focused not only on performing a competition due diligence, i.e., identifying the competition compliance risks arising from the practices employed by the target, including in relation to state aid, horizontal and vertical agreements, abuse of dominant position abusive practices and other unfair competition practices, as well as contacts with competition authorities, competition compliance programs, but also on advising with regards to the aspects identified during the competition due diligence by providing recommendations on rectification (where necessary) and overall best practice.

Advised the EU’s main metallic Magnesium producer in connection with the competition law implications of the envisaged cooperation with Big Blue Technologies, a United States company specialized in high-temperature thermal processes for upgrading the value of minerals and ores into metals and ceramics, for the purpose of commercial exploitation of a Magnesium production technology and the development of Magnesium production facilities. Their work focused on adapting the business terms and technology transfer agreements for compliance with competition regulations on agreements between undertakings, including the identification of the potential for the occurrence of multiple vertical and horizontal restraints (featuring matters related to distribution of related technology licenses) and mitigating potential risks thereto.

Specialist lawyers: Alina Popescu, Dana Radulescu.



MUSAT & ASOCIATII (see profile ...)

Assisted Naxxar Renewable Energy, one of the largest wind farm developers for the development and sale of a 685.6 MW wind project consisting of +110 Wind turbine Generators (WTG), clustered under 7 (seven) SPV to Polenergia, on the Romanian legal aspects regarding potential merger control assessment and analysis of meeting of foreign direct investment conditions for notification and authorization by the Romanian authorities. The transaction involved a passed acquisition by Naxxar from local developers of the project rights along with a B2B sale thereof to Polenergia under an SPA and co-development agreement to be entered into and expected to span over 4 years. This project is arguably the largest privately owned renewable energy (wind farm) project currently being developed on the Romanian market.

Assisted Geely Holding Group, a global mobility technology group, and Geely Automobile Holdings Limited, an automobile manufacturer, focusing on development, manufacturing and sales of passenger vehicles, (collectively referred as “Geely”) on the Romanian legal aspects of a binding 50/50 joint venture agreement with Renault Group to launch a new powertrain technology company that aims to become the global leader in developing, manufacturing, and supplying best-in-class hybrid powertrains and highly efficient ICE powertrain.

Assisting Electrolux, one of the world’s largest manufacturers of domestic appliances, through its local subsidiary, with complex analysis of Electrolux Romania’s distribution relations and day-to-day competition law related activities. They assisted the client with a range of assessments with regard to the distribution framework, relations with downstream service and products suppliers, advertising and marketing initiatives, overall conduct of business in Romania and competition compliance trainings.

Assisting and representing Electromagnetica, one of the oldest and most reputed Romanian producers of electronic apparatus, in an investigation procedure undertaken by the Competition Council on the market for electricity meters and energy measuring systems in Romania. The investigation’s aims were to identify eventual bid rigging and other collusive/market sharing practices on the respective market, between suppliers of measuring systems and electricity distribution operators in Romania. They represented the client before the Bucharest Court of Appeals and pursued the appeal before the High Court of Cassation and Justice.

Assisting the Cluj Avram Iancu International Airport, one of the fastest growing and dynamic airports in Romania, in connection with the investigation launched by the Romanian Competition Council regarding the airport’s alleged abuse of a dominant position on the market for access to the airport infrastructure to ground handling companies. The mandate included structuring the defence against the investigation report issued by the Competition Council in this case and representing the client in various judicial proceedings before the Bucharest Court of Appeal and the High Court of Cassation and Justice concerning the sanctioning decision issued by the Competition Council, one of which being finalised with the stay of enforcement of the Competition Council’s decision until the final settlement of the action for annulment of said decision.

Specialist lawyers: Paul Buta, Iulian Popescu, Ana Maria Abrudan, Angela Porumb, Andrei Ormenean, Manuela Lupeanu, Julieta Sfecla, Sirin Stan (Omer), Diana Panoiu, Constanta Duta (Carbune).



NESTOR NESTOR DICULESCU KINGSTON PETERSEN (see profile ...)

Representation before the Competition Council of the Romanian subsidiary of one of the world’s leading healthcare companies in two abuse of dominance investigations on the market of oncological products in Romania.

Representation of a leading manufacturer and supplier of highly accurate, high quality, integrated metering and utilization solutions to the gas, electricity and water industries with the court challenge of a competition fine in the electricity meters investigation.

Assistance provided in relation to the competition aspects of a transaction whereby a large Romanian bank acquired a shareholding stake in a supplier of integrated cash services, holding joint control together with two other banks.

Assistance provided to a holding company, producer of bakery, chocolate, and confectionery in a merger clearance regarding a company active in milling market.

Specialist lawyer: Georgeta Dinu.



NOERR (see profile ...)

Advice for a leading agricultural machinery manufacturer during an on-going antitrust proceeding initiated by RCC against the company, including assistance during dawn raid and subsequent requests for information addressed by the RCC, e-searches and internal compliance actions, as well as drafting the defence strategy and observations to the statement of objections and representation during hearings procedure.

Complex advice for Samsung Electronics on all relevant competition issues with respect to its business activities in Romania, especially in view of dominant position antitrust matters and nondiscriminatory behavior towards distributors.

Advice for Kathrein SE on sale of its mobile networks antenna business to the listed group Ericsson, including complex antitrust issues.

Advice for Bristol-Myers Squibb on all relevant competition issues with respect to its business activities in Romania, including antitrust compliance and dawn raid trainings for local team, as well as business restructuring pursuant to the recent acquisition by BMS Group of Celgene, both major players in pharmaceutical field.

Advice for Stada Group on all relevant competition issues with respect to its activities in Romania, including drafting distribution contracts and providing competition compliance training for the management, as well as business restructuring pursuant to the recent acquisition by Stada Group of Walmark, both major players in pharmaceutical field.

Specialist lawyers: Rusandra Sandu, Luiza Bedros, Christian Pleister, Magdalena Lupoi, Adrian Georgescu-Banc.



PELI PARTNERS (see profile ...)

Advised UNSAR in the court proceeding aimed at the annulment of the decision of the Competition Council sanctioning the association for an alleged participation as facilitator in a concerted practice on the insurance market.

Advised First Bank in connection to a sector inquiry on the market for registration of mortgages.

Advised Sofmedica, a leading SEE distributor for blue-chip healthcare manufacturers, on day-to-day competition compliance matters, as well as in relation to structuring and negotiations of its main contracts and relationships with suppliers, sub-distributors and clients.

Assisting Home Away Platform in relation to setting up an on-line platform for intermediating home care services and other home services. From a competition law perspective, the firm's assistance includes advising the client with respect to the structuring of the relationship with suppliers which will provide home care and other services through the online platform.

Advising Direct One, a leading Romanian telecommunications infrastructure provider, on management of risk and identification of competition law options in relation to specific commercial partners, including partnerships and relationships with TMT companies and joined infrastructure companies.

Specialist lawyer: Carmen Manuela Peli.



POPOVICI NITU STOICA & ASOCIATII (see profile ...)

 

Advising Hewlett Packard in connection with a Competition Council investigation into alleged abuse of dominance.

Advising Albalact, Covalact and Dorna Lactate (Lactalis companies), one of the top Romanian dairy producers, in connection with an investigation launched by the RCC with respect to alleged breaches of article 5 of the Competition Law no 21/1996 and 101 (a) of the TFEU on the butter market.

Advised Dekagro, an international producer of organic fertilizers and biostimulants, in setting up its Romanian distribution system. The process required, amongst others, pre-analysis of the market conditions and requirements, identifying the best type of distribution system for the company, drafting the standard documents and internal policies.

Assissted Mark Twain in the merger control authorization in front of the Competition Council by which Morphosis Capital Fund II, a growth capital fund, together with Vybros Capital Partners, a Belgian family funded permanent capital fund, as a co-investor acquired joint control, together with the founders, over Mark Twain International School (IS), the first private education institution in Romania with a dual curriculum.

Advising Kontron Services, one of the top Romanian IT companies, in connection with an investigation launched by the RCC with respect to alleged breaches of article 5 of the Competition Law no 21/1996 and 101 (a) of the TFEU in the context of a bid-rigging.

Specialist lawyers: Mihaela Ion, Camelia Patrascu, Laura Ambrozie, Vanessa Nistor, Mihaela Vrabie.



REFF & ASSOCIATES | DELOITTE LEGAL ROMANIA (see profile ...)

Assistance to the Romanian company part of the group of a large Norwegian food producer, including ongoing compliance assistance tailored to their commercial activities, ensuring adherence to competition law regulations and assistance in the implementation of various new distribution strategies, addressing multiple potential issues or matters concerning vertical commercial relationships.

Assistance to an entity from Roca Industry Group in the merger filing with the Romanian Competition Council and the FDI filing with the competent authority, facilitating the acquisition of Workshop Doors.

Assistance to Expo Market Doraly, a leading wholesale, cash & carry, and retail commercial park in Romania, in the sellside merger control notification proceeding before the Competition Council and the sellside FDI proceedings, which was pivotal in the successful sale of the commercial park to Warehouses de Pauw (WDP).

Assistance to BADER GmbH & Co. KG, a German based global supplier of leather and textile upholstery solutions for the automotive industry before the Romanian Competition Council in the merger control procedure. Assistance included gathering information, drafting the economic concentration form, preparing the authorization file and submitting it with the Competition Council, drafting answers to additional request for information form the Competition Council etc.

Assistance to one of the largest drugstore chains in Central Europe in the category of retail stores specialized in beauty, health and home care regarding day-to-day business and legal matters, particularly in what regards competition law compliance, by providing training and drafting competition law compliance policies.

Specialist lawyers: Florentina Munteanu, Andrea Grigoras, Mihnea Radu, Diana Ivan.



RTPR | RADU TARACILA PADURARI RETEVOESCU (see profile ...)

Represented Groupama Asigurari in the antitrust litigation against the decision issued by the competition authority in a complex antitrust investigation concerning exchange of commercially sensitive information among the insurance companies in Romania. This was the first time the competition authority examined an exchange of information as a standalone infringement. The investigation was widely publicised as it resulted in one of the highest fines applied by the authority (approximately €53 million).

Recently, the law firm’s competition litigation team succeeded in defending the last extraordinary appeal of the authority against a court ruling through which the fine applied to Groupama by the Competition Council was reduced from €8 million to €500,000. The law firm also reported three further victories in three extraordinary appeals against such decision. The case also involves proceedings on the merits, which are still ongoing and are now in final appeal stage.

Currently advising Zabka Polska, the largest Polish retailer, in relation to the structuring of its distribution system upon its entry on the Romanian market, in a complex antitrust self-assessment process, involving the competition authority.

Represented Bookster in the Competition Council’s investigation, in which several publishers and their trade association were fined for attempting to drive Bookster out of the market through concerted, anticompetitive activities. The firm also won the case in which the publishers sought to ban Bookster as a whole.

Advising and representing Electrica in court proceedings in the first “facilitatorvictim” case in the whole EU to date in which the client was fined €2.3 million for allegedly facilitating a cartel between its meter suppliers. The case raises complex and novel legal issues, such as the applicability of the facilitator concept under Romanian law when the alleged facilitator is also the victim of the cartel, the interplay between national and EU law, the liability of the company for the unauthorised deeds of deviating employee etc.

Assisted the largest Italian bank, Intesa Sanpaolo Bank in relation to the merger control and FDI approvals on the acquisition of First Bank from the American private investment fund J.C. Flowers. First Bank provides a diversified range of financial products and services to retail, SME and large corporate customers. According to market sources, following this transaction, Intesa San Paolo will double its presence in Romania and will enter the top 10 of Romanian banks.

Specialist lawyers: Valentin Berea, Roxana Ionescu, Andrada Rusan, Serban Halmagean.



STOICA & ASOCIATII (see profile ...)

Representating Orange Romania before  the courts of a subsidiary of an important European electronic communication provider in two litigations regarding the cancellation and suspension of a Competition Council decision. The team is involved in building the defense in the case sanctioning their client for an alleged abuse of dominant position as well as for imposing fines (approx. €13 million) deriving from the alleged anti-competitive facts.

Assisting and representing Inspet before the courts in order to annul the decision of the Competition Council for an alleged bid-rigging. The dispute involved complex questions of domestic and EU competition law and of proportionality of fines and is intertwined with a complex criminal case. The case is pending before Bucharest Court of Appeals.

Assisting and representing Kontron Group AG, a major IT company, for obtaining the competition clearance for an economic concentration represented by acquiring a Romanian company with business in transport IT solutions.

Assisting and representing RBW ELITE CONBET GROUP, a major constructor of gas infrastructure, before the courts in order to annul the decision of the Competition Council for an alleged bid-rigging. The dispute involved complex questions of domestic and EU competition law and of proportionality of fines and is intertwined with a complex criminal case.

Assisting Foraj Sonde Craiova - a major player on the market of oil and gas drilling services - in an investigation conducted by the Romanian Competition Council concerning an alleged infringement of article 5 of Competition Law 21/1996  (horizontal agreement – hard core cartel). The investigation was launched following an application for leniency, filed by an undertaking.

Specialist lawyers: Dan-Rares Raducanu, Laura Mihalache, Daniel Aragea.



SUCIU POPA (see profile ...)

Advising a Romanian private company of public interest, in relation to Competition Council investigations related to natural gas transactions executed on the gas hub operated by the client, as well as regulatory intervention hindering competition with another gas hub operator.

Advising a German multinational automotive corporation in relation to their selective distribution agreements implemented in Romania.

Advising one of the largest milk and dairy supplier and distributor in relation to various regulatory, competition and antitrust matters. 

Advising an important air services provider in relation to an investigation carried out by the Romanian Competition authority focused on airport food and beverages services, including the operation of 20 food and beverage facilities, provided to the most important international airport in Romania.

Advising a Romanian based oil & gas company controlled by an international private equity firm, in connection with the drafting and negotiation of the joint sale agreement for the gas produced from a gas project, developed in the Black Sea together with its co-ventures, two important European companies, including on competition and regulatory issues.



TUCA ZBARCEA & ASOCIATII (see profile ...)

Assistance to Vodafone Romania on various competition/antitrust issues arising from its activities on the Romanian telecom market, including further to the acquisition of UPC Romania.

Legal assistance to Coca-Cola HBC Romania on day-to-day competition matters.

Assisting a travel agency during the final stage of an investigation initiated by the Romanian Competition Council on travel agencies market.

Legal assistance to an insurance company in the investigation opened by the Romanian Competition Council in 2015 on the potential exchange of sensitive information through the industry association.

Legal assistance to a pharmaceutical company on various competition related issues arising from its operations on the local pharma market.

 

Specialist lawyer:Raluca Vasilache.



VASS LAWYERS (see profile ...)

Rigged bidding - legal advice to a multinational dairy product supplier and an important Romanian dairy manufacturer during the investigation undertaken by the Romanian Competition Council regarding rigged bids within public procurement procedures.

Confidentiality in competition investigation - legal advice and consultancy provided to an important national company regarding the protection of confidential data during the investigation undertaken by the Romanian Competition Council.

Unfair competition - legal assistance and consultancy for various companies in relation to the application and interpretation of unfair competition legislation to certain aspects arising from distribution and sale agreements.

Regional investment aid - legal consultancy provided to a Norwegian company in relation to the compliance with the legal provisions on regional investment aid of a project establishing a production unit for the garbage press in Romania and of a project concerning a business unit for healthcare products dedicated for hospitals, elderly and disabled persons.

Applicability of de minimis rules - advising on the applicability of de minims rules in the field of processing and marketing of agricultural products.

Specialist lawyers: Iulia Vass, Bianca Bello;



VILAU | ASSOCIATES (see profile ...)

Providing legal assistance and representation in front of the Romanian competition authority for the biggest regional Romanian airport in relation with an investigation of an alleged abuse of dominant position.

Providing legal assistance and representation in front of the European Commission and national courts for two different Romanian regional airports in connection with State aid investigations / allegations related to public financing received by the airports from the State and airport fees policies / marketing agreements concluded with various airlines.

Providing legal assistance and representation in front of the Romanian competition authority and national courts for two important distributors of paints and varnishes products in connection with an investigation related to alleged pricing and market sharing vertical agreements and in connection with the annulment of the Competition Council decision.

Providing legal assistance and representation in front of the Romanian competition authority for a major Romanian group of companies in connection with an investigation of an alleged price fixing cartel.

Providing legal assistance and representation in front of the European Commission and national public authorities, including the Romanian competition authority and national courts for a top independent oil distributor in Romania in connection with the incorrect and incomplete transposition of an EC directive in breach of the Community competition rules.



ZAMFIRESCU RACOTI VASILE & PARTNERS ATTORNEYS AT LAW (see profile ...)

Advised the client, a company acting in the financial services sector, in an investigation opened by the Competition Council on a possible breach of the national and EU competition on the financial leasing services market and the consumer credit market.

Advised the client, a manufacturer of wood-based panels, in an investigation opened by the Competition Council on a possible breach of the national and EU competition law on the market of wood processing.

Advised the client, a professional association in the financial services sector, in the revision of the competition compliance programme.

Representation of several energy-intensive consumers in six litigation cases in relation to the implementation of two state aid schemes in the energy market.

Assistance of the client, an important company acting in the airport services industry, in all competition law matters in Romania.

 

Specialist lawyer: Elena Iacob.



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