Competition

Most representative projects

ACT BOTEZATU ESTRADE PARTNERS (see profile ...)

Advised Romania Hypermarche (Cora) in relation to a dawn raid by the Competition Council, as well an investigation concerning alleged price fixing in the promotional sales. The mitigating causes presented by the firm's team were accepted by the Competition Council and the team obtained for the client a considerable fine reduction and the firm is currently working on obtaining full annulment of the fine.

Advised Delgaz Grid in relation to a preliminary investigation by the Competition Council regarding ancillary services for the distribution of electricity and natural gas.

Assisted and represented Romania Hypermarche (Cora) before the High Court of Cassation and Justice in connection with provisions of the Competition Law regarding access to the Competition Council investigation file. The firm took an active stand and challenges the regulation issued by the Competition Council with a view to obtain recognition of due process rights and principles during the pre-court investigation phase.

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.

Assisted and represented E.ON Romania and E.ON Gaz Furnizare with formal information requests from the Competition Council in Romania with respect to a sectoral investigation initiated in the natural gas market after the liberalisation process in Romania on 1 July 2020.

Specialist lawyer: Stefan Botezatu.



BIRIS GORAN SPARL (see profile ...)

Ongoing assistance to Aon UK Limited and its Romanian insurance brokerage affiliate, Aon Romania, in a Competition Council investigation commenced in September 2017 on the aviation insurance market for alleged bid-rigging and price fixing.

Advising Viessmann, a world leading manufacturer of heating systems, in connection with a Competition Council investigation focused on vertical price fixing on the heating systems market, including the preparation of the reply to the statement of objections, representation at the hearing, as well as preparation of the annulment claim filed with the Bucharest Court of Appeals and the de novo appeal with the High Court of Cassation and Justice.

Advising UniCredit Leasing Fleet Management, the operational leasing company of the UniCredit Group in Romania in connection with a Competition Council investigation focused on an industry-wide information exchange on the operational leasing market. The national competition authority argues here that due to its features and the market characteristics, the exchange would have lead to a collusive outcome on the market.

Advising UniCredit Leasing Corporation, the leading financial leasing company in Romania in connection with a Competition Council investigation focused on an industry wide information exchange on the financial leasing market that, allegedly due to its features and the market characteristics, lead to a collusive outcome. The investigation is difficult due to the large number of the concerned parties, the complex features of the market and the fact that it was commenced following a leniency application.

Ongoing assistance to Profi, a leading food retailer, on a wide range of antitrust compliance matters, from market intelligence and dealing with dominant suppliers to pricing, promotions and exclusive partnerships; handling Profi's antitrust compliance program or assistance in the context of Competition Council sectoral investigation on the food retail market. This mandate is driven by the firm's good track record on fast moving consumer goods and retail markets on a wide spectrum of matters from category management and benchmarking to pricing/discounting and trade associations. Preparation of three merger control filings for the acquisition by Profi of three independent regional food retail chains.

Advising Procter & Gamble on a wide range of antitrust compliance matters related to their dominant and non-dominant products.

Specialist lawyer: Gelu Goran.



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 a leading company active in the distribution of natural gas or mobile services sectors, on the investigations run by the Romanian Competition Council for abuse of dominant position.

Advising an international insurance company in an investigation opened by the Romanian Competition Council on the market of aviation industry.

Advising a Romanian construction company on a sector analysis related to a request for information from the Competition Council in Romania.

Advising a technology company on various requests for information received from the European Commission with respect to the investigations opened against two global companies.

Advising companies and financial investors (including Kingspan, Permira, Abris Capital Partners, First Bank, REWE) on merger filings in relation to acquisitions in various sector and assessment of antitrust requirements.

Specialist lawyers: Nadia Badea, Simona Neagu, Diana Crangasu.



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;



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

Assisting Idea Leasing and Raiffeisen Leasing in two investigations by the Competition Council in two alleged anti-competitive behavior through exchange of sensitive information facilitated by the industry association. Following an unprecedented situation of two sets of hearings in this case (as a result of a procedural mishap) the firm's lawyers succeeded in convincing the RCC Plenum that the Statement of Objections issued by the investigation team needs to be re-evaluated. The firm is also assisting Idea Leasing with challenging before the courts of law the guidelines of the RCC on the individualization of fines. The investigation is on-going

The law firm provided legal assistance and advice for main operators on the timber procurement market in Romania in connection with the ongoing investigation launched by the Competition Council on the Romanian timber procurement markets. Secondly, the team also assisted and advised several companies in this industry in connection with various competition matters related to their procurement and sale policy in the forestry activity in Romania and world-wide. The law firm is involved in implementing these company’s competition compliance programs, holding various trainings for the relevant suppliers and taking part in the public events designed for overall compliance at industry level.

As a preferred law firm for Mega Image, the law firm is providing day to day legal assistance and representation in various competition related matters, including assistance before the Competition Council, compliance programs and strategies, as well as contract and policy reviews, structuring and implementing thorough competition training program with dedicated sessions for all company’s departments, pertaining either to general antitrust assessments or liaising with the competition authority or assistance and representation regarding lodging of complaints for unfair competition. The law firm is also providing legal assistance in specific pilot projects and we are organizing various forms of proactive compliance for the relevant departments of Mega Image. The team represented the company before various institutions, and they argued the anticompetitive effects of some behaviors that other competitors or suppliers had regarding the company.

The law firm is the main contact for competition matters for Toneli and Super Eggs and is involved in all aspects concerning this area of law and is currently providing assistance in relation to a Competition Council launched investigation based on a preliminary assessment of the production and marketing of eggs. Since in 2017 Romania faced a significant rise in egg prices, the competent authorities, among which the Ministry for Agriculture and the Romanian Competition Council, started their own assessments of the reasons for such price increases. Currently, the firm's competition team is assisting the most important egg producers in Romania in relation to the RCC investigation into potential anticompetitive agreements and/or coordination among the main players on the market.

The firm is currently assisting Food and Beverages Management as well as Other Major Player on the market in connection to an antitrust investigation carried out by the national competition authority and which was launched ex officio by Competition Council concerning an alleged infringement of art. 5 para. (1) of Competition Law on the market for commercialization of food products and beverages in Romania in the restaurants and cafe units located on the premises of Bucharest Airport, having its alleged object the fixing of the final prices. The investigation is now ongoing and on the table of the investigation team, pending finalization of analysis by the authority.

Specialist lawyers: Manuela Guia, Bianca Naghi, Otilia Vilcu.



GRUIA DUFAUT LAW OFFICE (see profile ...)

Advised several multinational companies during several investigations conducted by the Competition Council in their activity field.

Assisted a multinational company acting on the security market for ensuring compliance with the competition regulations within a complex purchase project of several Romanian companies.

Advised an important cosmetics manufacturer in setting-up its distribution network in compliance with the competition laws.

Assisted a French company in litigation on unfair competition before the Romanian courts.

Advised an international leader in digital technologies for industry during an investigation conducted by the Competition Council.

Represented a food producer with respect to issues of unfair competition by sellers.

Specialist lawyers: Loredana Van de Waart, Cristina Bojica, Gabriela Popescu.



KINSTELLAR (see profile ...)

Advised Highlander Partners, a leading US private investment firm making direct private equity and mezzanine investments throughout North America, the United Kingdom and Central Europe, on the competition law aspects of the acquisition of a majority stake in Sano Vita, one of the most reputable and trusted food brands in Romania. The transaction included complex negotiations as well as obtaining the merger control clearance.

The law firm advises Perrigo, an Irish-registered 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 East Agro Input on the creation of a joint venture and obtaining the Competition Council clearing, with the team advising on sensitive aspects regarding full functionality and relationship with the parent undertakings, as well as complex assessments and discussions with the Competition Council.

The law firm is advising MasterCard on a day-to-day basis regarding various competition law matters.

Advising its confidential client, a leading company offering leasing services, on a high-profile investigation carried out by the Romanian Competition Council on the financial services market.

Specialist lawyer: Iustinian Captariu.



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 ...)

Providing assistance to a company from the health services field in an investigation undertaken by the Romanian Competition Council.

Specialist lawyer: David Oprea.



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

Assisted J. Christof E&P Services and Christof Private Firefighting Services with the notification to Romanian and Serbian competition authorities of the economic concentration arisen from the externalization by OMV Petrom of several operations and general surface services, ancillary to extraction and production of petroleum as well as natural gas, together with the relevant assets and dedicated staff.

Assisted and represented a leading global provider of information and communications technology (ICT) infrastructure and smart devices in front of the Competition Council with regard to the submission of a formal complaint regarding the competition-law related issues deriving from the publication and promotion by the Ministry of Transports, Infrastructure and Communications and the Government of Romania of the Draft Law on 5G Technology. The matter is unprecedented since it is within the context of the regulation of the authorisation of producers of technologies, equipment and software for 5G networks in Romania and given the overall context it raises specific issues on the relevant markets in Romania.

Retained by a world renowned producer of spices with regards to the analysis and review of a cross border distribution agreement from the perspective of EU and Romanian competition law.

Assisted the financial services division of a leading automotive manufacturer with regards to the exchange of sensitive information within the client’s group and drafted personalized recommendations regarding the exchange of sensitive of information within the different entities of the client’s group.

Retained by a world renowned producer of pharmaceutical products in order to provide an analysis of the practice consisting of granting pharmaceutical commercial products to end customer as free gifts from the perspective of competition law, from three perspectives: (i) abuse of dominance, (ii) anticompetitive agreements and (iii) unfair competition.

Specialist lawyer: Alina Popescu.



MUSAT & ASOCIATII (see profile ...)

Sucessfully leading the defence for Sig Sauer GMBH & Co. KG, in an appeal against the Romanian Competition Council, in front of the High Court of Cassation and Justice, regarding an alleged bid rigging in certain tender procedures organised by the Ministry of National Defence for the purchase of infantry weapons and optical devices, following an antitrust investigation.
Specialist lawyers: Paul Buta, Manuela Lupeanu, Diana Panoiu, Constanta Carbune.

Advised IRUM S.A., a long standing national agricultural vehicles and equipment producer, with an investigation launched by the Romanian Competition Council into alleged anticompetitive behaviour of producers, importers and distributors on the market for the trade of agricultural machinery and equipment. Based on the work, the Competition Council deemed the client not to have been involved in the investigated anticompetitive behaviour, while sanctioning in December 2020 other nine companies with approximately €26.5 million.
Specialist lawyers: Paul Buta, Dan Minoiu, Manuela Lupeanu, Diana Panoiu, Constanta Carbune.

Advising Cluj Avram Iancu International Airport, concerning a Competition Council investigation for abuse of dominance in the ground handling market at airports.
Specialist lawyers: Paul Buta, Manuela Lupeanu, Diana Panoiu, Constanta Carbune.

Assiting Electrolux, the leading global appliance company, through its local subsidiary, with assessments regarding the distribution framework, relations with downstream service and products suppliers and clients, advertising and marketing initiatives, and overall conduct of business in Romania.
Specialist lawyers: Paul Buta, Manuela Lupeanu, Diana Panoiu, Constanta Carbune.

Acting for Frieslandcampina, the European dairy producer, through its local subsidiary, in front of the High Court of Cassation and Justice, in the final appeal phase of an antitrust litigation against the Competition Council, with a view to annul the fine imposed in connection with the first investigation started by the Competition Council with respect to anticompetitive agreements in the food sector.
Specialist lawyers: Paul Buta, Angela Porumb, Manuela Lupeanu, Diana Panoiu, Constanta 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 ...)

Assisted Auchan in merger control proceedings before the Competition Council related to My Auchan proximity stores operating in Petrom gas stations.

Advised Orange in relation to the network sharing agreement concluded with another telecom company.

Advised Albalact in three investigations and a preliminary examination conducted by the Competition Council.

Assisted Dedeman in several merger control proceedings before the Competition Council related to the acquisition of several companies active on the office, retail and logistic rental markets. 

Assisted several leasing companies in the Competition Council investigation on the financial and operational leasing services market and on the consumer credit market. 

 

Specialist lawyers:Mihaela Ion, Laura Ambrozie.

 



REFF & ASSOCIATES SCA (see profile ...)

Advising in obtaining competition law clearance from the European Commission in an economic concentration having a community dimension, following one of the largest restructuring of distressed real estate assets in Romania.

Continuous assistance to one of the most dynamic investment funds in real estate in Romania in obtaining clearance from the Romanian Competition Council for its acquisitions in Romania.

Legal assistance to one of the largest distributors of pharmaceuticals in Romania in implementing a competition law compliance program.

Obtaining from the Romanian Competition Council one the few decisions for derogation from the interdiction to implement an economic concentration prior to approval, in a major transaction involving transfer of loan portfolio.

Competition law training to a series of clients, as well as within the training sessions organized by the Romanian Banking Institute.

Specialist lawyers: Florentina Munteanu, Associate Partner, Head of practice, Andreea Grigoras, Senior Associate;

 



RTPR ALLEN & OVERY (RADU TARACILA PADURARI RETEVOESCU SCA IN ASSOCIATION WITH ALLEN & OVERY LLP) (see profile ...)

Assisted an FMCG company in the antitrust litigation against the decision of the Competition Council to fine the company for a vertical price fixing agreement. The High Court of Cassation and Justice has irrevocably reduced the fine by 75%. Given the gravity of the infringement set by the decision of the Competition Council, the ruling was deemed to be an important success.

Assisted a Japanese multinational electronics corporation in a complex antitrust investigation carried out by the Competition Council against the members of collective organizations for WEEE management, proceedings ended up with a fine imposed on the company of less than EUR 50,000. The decision was further challenged in court.

Advised a leading pension funds management company in the litigation file initiated by the client against the decision of the Competition Council sanctioning 14 companies for an alleged allocation of customers in 2007. The decision of the Bucharest Court of Appeal was favourable to the client, the fine being fully annulled. The Competition Council has appealed the court decision and the file is currently pending in front of the High Court of Cassation and Justice.

Specialist lawyers: Mihai Ristici, Roxana Ionescu;



STOICA & ASOCIATII (see profile ...)

Assisting and representing a professional organization in respect with the annulment of the decision issued by the Competition Council imposing a significant fine in connection with an alleged fixing of tariffs.

Assisting and representing a major local distributor in a connection with a complaint regarding a potential anticompetitive distribution scheme imposed by one of the major market pharmaceuticals producers.

Assisting and representing different local IT, household appliances and electric tools product sellers and distributors in respect of the investigation of the Competition council regarding a potential anticompetitive arrangement concluded by the entities involved in the waste management of electronic equipment.

Assisting and representing a major aluminum producer in respect of the investigation by the Romanian competition Council and the European Commission regarding a state aid granted before the EU accession of Romania.

Assisting a major player on the market of heating systems in an investigation regarding the potentially anticompetitive effects of the agreements concluded with its distributors in Romania.



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.



VOICU & FILIPESCU SCA (see profile ...)

Coordinating the team retained as monitoring agent in the project for implementing commitments undertaken by a major multinational telecom company and its distributors in front of the Romanian Competition Council following an investigation on the relevant market.

Assisting a major European retail company in a series of competition investigations initiated by the Romanian Competition Council, specifically an investigation regarding a potential breach of the national and European Union competition legislation on the food retail market and a sector inquiry on the online distribution market.

Assisting motor vehicle authorized repairer in sector inquiry initiated by the Romanian Competition Council on car insurance and repair market; assisted motor vehicle distributor in sector inquiry initiated by the Romanian Competition Council on motor vehicle market.

Assisting an important pharmaceutical distributor in a sector inquiry initiated by the Romanian Competition Council; advising on various competition matters, including distribution related matters, dealings with producers and sub-distributors, competition compliance.

Assisted a significant player active on the Romanian decorative paints and coatings market in an investigation regarding the potential breach of the national and European Union competition legislation; preparing defenses to the statement of objections put forward by the Romanian Competition Council and successfully representing the client in the hearings before the board of the Romanian Competition Council.



WOLF THEISS Rechtsanwälte GmbH & Co KG (see profile ...)

Assisting NHR Agropartners in an antitrust investigation carried out by the Romanian Competition Council regarding an alleged anticompetitive agreement entered into by entities active on the market for agricultural machinery. The assistance provided so far concerned assisting the client during the particularly complex forensic procedure carried out at the Competition Council HQ.

Name of the team coordinator: Adrian Șter

Completion date: Ongoing

Advising Ista Romania, a leading Romanian company active in the provision of heat allocation meters and ancillary services, in relation to the on-going Romanian Competition Council investigation concerning the market for the sale of heat allocation meters and the market for ancillary services. The investigation concerns a possible market-sharing cartel between three market players, which are assumed to have agreed to concerted agreements and practices.

Name of the team coordinator: Adrian Șter

Completion date: January 2018

Assisting a well-known company in the Petrochemical industry by carrying out an internal investigation into a potential exchange of commercially sensitive information. The investigation, initiated by an internal whistle-blower, member of the Ethics team, consisted of in-depth interviews with the relevant employees, forensic examination of emails and drafting of a findings report containing recommendations regarding risk mitigation.

Name of the team coordinator: Adrian Șter

Completion date: Ongoing

Providing competition law assistance in relation to day to day activities of Henkel Romania, one of the main FMCG producers, including analyses regarding the competition compliance of its discount policy and its distribution agreements. Our work also includes the implementation of an extensive competition compliance program.

Name of the team coordinator: Adrian Șter

Completion date: Ongoing

Assisting an important commercial bank based in Romania by carrying out an analysis of its internal syndication procedure aimed at identifying the specific aspects which could raise competition law concerns, recommending potential ways to mitigate the respective risks in order to ensure full compliance, as well as actually implementing these recommendations in the internal procedure.

Name of the team coordinator: Adrian Șter

Completion date: Ongoing



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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