Currently assisting Lord Energy in two groundbreaking investigations under the REMIT regulation. These investigations, which are novel on the Romanian market, focus on alleged manipulation behaviours in the electric energy markets and the wholesale gas markets. Their involvement in these high-stakes matters is poised to guide future investigations in the EU, making it critical to identify and correct procedural irregularities.

Assisting Tinmar Energy in an important investigation concerning their client's operations, where transactions on the day-ahead market were under scrutiny for potential market manipulation under the REMIT. This project is of paramount importance, as it directly impacts their client's freedom to conduct its business on the Romanian energy market, in accordance to its own objectives and within the letter of the law. Their knowledge of EU Law and the activities of the Agency for the Cooperation of Energy Regulators is instrumental in providing support and ensuring their client's interests are protected throughout the investigation. 

Specialist lawyers: Manuela Guia, Otilia Vilcu, Violeta Geru, Teodora Balas, Malin Unguru.

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.

Successfully represented the European leader in the production of eggs and egg products in annulling a Competition Council decision that alleged antitrust violations in the consumer eggs market. The case involved one of the longest-standing alleged cartels in Romania, with practices dating back to 1994. Their defense strategy questioned the evidentiary basis and procedural validity of the investigation, leading to the inclusion of expert testimony from renowned professors. The team demonstrated that the alleged anticompetitive effects did not arise from the exchange of information, proving no infringement occurred. This result underscores their strength in antitrust litigation, EU law, and the annulment of high-stakes regulatory decisions.

The team led a high-stakes dispute involving key pharmaceutical producers essential to Romania's national vaccine programs. The team successfully challenged the Ministry of Health’s tender procedure, securing favorable rulings by emphasizing issues around transparency, fairness, and competition. Key arguments included the need for clear evaluation criteria in the tender documentation and SEAP, concerns over competition disincentives, and the lack of transparency in the scoring algorithm. These were upheld, and the administrative body ordered the Ministry to align with their client’s requirements. They continue to defend the client in a secondary challenge to ensure compliance with court-imposed measures. The dispute is valued at €125 million.

The team expertly defended their clients in public procurement disputes. They registered several successful rulings for a major client acting in the energy sector confirming the contract breach by the winning bidder. This case required a nuanced approach combining civil and public procurement law to allow their client to terminate the relationship and exclude the consortium from further tenders, ultimately safeguarding their ethical standards and reputation. The team has also obtained in court the disclosure of information from the technical proposal of the bidder ranked on first place, by successfully supporting their request on EU legislation and case law, thus triggering a new opportunity for challenging the tender procedure.

The team represents multiple energy sector companies in ongoing REMIT investigations, including high-profile cases with ANRE involving alleged market manipulation in electricity trading. They successfully obtained disclosure of ANRE's internal documents, bolstering their clients' defense. Their comprehensive strategy addresses complex liability issues, including related to indirect involvement via a power of attorney. Their approach integrates procedural and regulatory standards, civil law, and EU human rights principles, aiming to annul the fine. This case underscores their expertise in challenging administrative sanctions and defending against intricate regulatory claims.

The team, recognized as experts in consumer protection disputes, achieved a 100% success rate over the past year in obtaining interim orders against measures issued by the national consumer protection agency. Leveraging their  expertise in regulatory compliance and the newly enacted DMA and DSA frameworks, they represented clients in FMCG, pharmaceuticals, and intermediary services, securing multiple rulings to annul sanctioning deeds. These outcomes highlight their indepth knowledge and strategic approach in consumer protection litigation, ensuring theirclients’ operations remain compliant and safeguarded against regulatory actions.

Specialist lawyers: Octavian Adam, Violeta Geru, Cristina Badea, Roxana Petre, Malin Unguru, Beatrice Hurchi.

Delivering continuous, detailed assistance to a renowned international medical devices producer engaged in public procurement procedures. This involves ensuring strict adherence to the intricate regulatory frameworks governing the procurement of medical devices, optimizing bid strategies to enhance competitiveness and success rates, and providing bespoke legal guidance through each phase of the procurement lifecycle. Their services encompass the meticulous preparation of bid documents, strategic risk assessments, and proactive compliance management to navigate the complexities of public procurement effectively.

Assisting Ax Perpetuum in one of the biggest public procurement procedures in the environmental sector in Romania. Based on the National Recovery and Resilience Plan (PNRR), the Ministry of Environment has launched a complex procurement procedure (public tender) for Digitized Ecological Islands, amounting to approx. RON 1 billion. Their assistance ensured the possibility of the client to participate into as many lots as possible, in compliance with public procurement and competition law rules.

Assisted CIS Gaz, a leading supplier of technical solutions and equipment for energy markets in Romania and abroad, in establishing a presence in Egypt, while providing assistance in terms of accessing various public tenders and public concessions contracts in Egypt. This initiative is part of CIS Gaz's strategic plan for international expansion. The team also assists the client in drafting project contracts in relation to the public procurement contracts to be executed in relation with other Egyptians entities. In addition, their services encompassed a wide range of specialized support, such as day-to-day advisory on procurement issues, legal representation in disputes.

Provided extensive support to an international organization in developing technical assistance for Romania’s Ministry of Health. This involved preparing for the upcoming public procurement of a Healthcare Provider (HCP) Registry as part of the National Recovery and Resilience Plan (PNRR). Their work encompassed a thorough review of regulatory requirements, aligning technical assistance with Romanian and EU procurement standards.

The team guided the organization in drafting detailed technical specifications and procurement documentation, tailored to the PNRR Project's goals. Their expertise ensured rigorous compliance and efficiency, establishing a strong foundation for the successful implementation of the HCP Registry.

The legal team recently won a pivotal public procurement case involving pharmaceutical producers crucial to Romania’s vaccine programs. The dispute centered on vaccines vital to public health, challenging the Ministry's tender process for lack of transparency and fairness. Their key arguments emphasized clear scoring and evaluation criteria, competition protection, and clarity in the scoring algorithm. The administrative body upheld their client’s interests, mandating process changes to ensure fair competition. 

Specialist lawyers: Octavian Adam, Tudor Nacev, Violeta Geru, Teodora Marin, Malin Unguru.