February 16, 2022 2:33 am
Published by adm_ds
Certain types of vertical restraints are particularly likely to hinder competition and harm consumers. These hardcore restrictions will not benefit from the safe harbour provided in the VBER and will often amount to an infringement of Article 101 TFEU. Resale price maintenance (“RPM”) constitutes a prime example of such hardcore or black-listed restrictions.
February 15, 2022 2:21 am
Published by adm_ds
Musat & Asociatii is delighted to announce the consolidation of its core partnership by appointing Paul Buta as Managing Partner and promoting three new Partners (Alexandru Terța, Iuliana Iacob and Andrei Ormenean). All four are exceptional lawyers with a combined professional experience of more than 55 years and a long and impressive career with the firm. Moreover, eight other lawyers have been promoted to senior positions in Criminal Law, Litigation & Arbitration, Corporate and Commercial Law, Labour and Employee Benefits, Competition, Intellectual Property and Life Sciences, as well as Restructuring and Insolvency.
February 9, 2022 2:57 am
Published by adm_ds
Vertical agreements often contain a vast number of provisions, regulating different aspects of a vertical relationship. However, the EU competition rules determine that certain provisions cannot be included in distribution agreements since they impede competition to an extent that cannot be permitted. These are the so-called “hardcore restrictions”. Hardcore restrictions can be imposed both directly and indirectly, in which case the assessment is more complex, but the outcome is the same.
February 4, 2022 2:03 am
Published by adm_ds
In Thomson Reuters’ latest Q&A guide to equity capital markets law in Romania, part of their Practical Law Series, Deputy Managing Partner Razvan Stoicescu, Managing Associate Adrian Danciu & Senior Associate Robert Urmosi outline legislation and listing requirements, offering structures, advisers, prospectus/offer document, marketing, bookbuilding, underwriting, timetables, stabilisation, tax, continuing obligations and de-listing.
January 26, 2022 2:59 am
Published by adm_ds
Distribution agreements often contain non-compete clauses. They impose restrictions on a distributor’s ability to manufacture or sell products competing with the products covered by the distribution agreement, the so-called contract products.
January 18, 2022 3:01 am
Published by adm_ds
Over the past few years, a trend has been noticeable toward a commercial strategy combining agency and distribution models. In particular, depending on the products or customers involved, a business partner is sometimes requested by the same supplier to act as both its independent distributor and its commercial agent. Such business partners are often referred to as “dual role” agents.
January 11, 2022 2:32 am
Published by adm_ds
In the previous DLC countdown, it was highlighted that EU competition law applies a particular definition of agency. Not every agent in the sense of commercial or business law will be treated as an agent for EU competition law purposes.
