Arhive Articles and Analyses - Page 3 of 12 - Musat & Asociatii

The In-House Lawyer magazine: Hot topic in future real estate investments: Romania’s assistance plan for market sectors

10 March 2022

Looking ahead, 2022 could be a crucial year for real estate investments in Romania. The implementation of the country’s National Recovery and Resilience Plan (NRRP) calls for extensive legislative changes that may have a real impact on the business environment.

The In-House Lawyer magazine: EPPO regulation in Romania: a new chapter in criminal investigations of fraud with EU funds

09 March 2022

In this article in The Legal 500 (Legalease)‘s In-house Lawyer magazine, winter 2022 edition, Partner Alexandru Terta and Managing Associate Stefan Diaconescu highlight the essential role that the European Public Prosecutor’s Office (EPPO) will play in criminal investigations aimed at preventing and sanctioning individuals and/or legal entities who perpetrate crimes against the financial interests of the European Union (EU), as well as the competence of the European prosecutors delegated to perform criminal investigation activities in such cases.

DLC NEWSLETTER 12: “VERTICAL” IN THE SPOTLIGHT: ACTIVE SALES RESTRICTIONS (EXCLUSIVITY CONDITION)

09 March 2022

Classic notions in the world of vertical agreements are those of “active sales” and “passive sales”. Active sales involve some form of active targeting of a particular customer group or territory. Passive sales consist of transactions in response to unsolicited requests from individual customers without having initiated the sales by means of active targeting of such customers.

DLC NEWSLETTER 11: “VERTICAL” IN THE SPOTLIGHT: HARDCORE RESTRICTIONS EQUIVALENCE

02 March 2022

Online sales restrictions are under close scrutiny from the European Commission and national competition authorities. It is well established that outright online sales bans are qualified as hardcore restrictions, which cannot benefit from the VBER.

DLC NEWSLETTER 10: “VERTICAL” IN THE SPOTLIGHT: HARDCORE RESTRICTIONS DUAL PRICING

23 February 2022

When a supplier or manufacturer charges different wholesale prices for the same product depending on whether the product is intended to be sold online or offline, or whether the buyer will sell it to a retailer or directly to end-customers, dual pricing is practiced.

DLC NEWSLETTER 9: “VERTICAL” IN THE SPOTLIGHT: HARDCORE RESTRICTIONS RESALE PRICE MAINTENANCE

16 February 2022

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.

DLC NEWSLETTER 8: “VERTICAL” IN THE SPOTLIGHT: HARDCORE RESTRICTIONS (GENERAL)

09 February 2022

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.