Competition & Antitrust

Practice Highlights. A selection of our deal highlights includes advising:

• Electrolux, the leading global appliance company, through its local subsidiary, with a complex due diligence procedure of Electrolux Romania’s distribution relations, having in view foremost the Competition Council’s decisions and the EU and Romanian caselaw on distribution agreements.
• Damen Shipyards Group, an international shipyard group, in connection with the acquisition of joint control over Daewoo Mangalia Heavy Industries S.A. by the client and Șantierul Naval 2 Mai S.A. Mangalia, a company controlled by the Romanian State.
• Roche Romania, the Romanian subsidiary of the Swiss global healthcare corporation, in relation to the first investigation in Romania dealing with an alleged abuse of dominance in the pharmaceuticals’ industry. After advising the client in all the stages of the investigation procedure and following the issuance by the Competition Council of a landmark decision ruling out any abuse of dominance by our client, contrary to the allegations made by its distributor, we assisted the client in a voluntary secondary intervention in favour of the Competition Council’s position in the litigation initiated by the complainant with a view to cancelling the decision, as well as in a direct court action initiated by the respective distributor.
• ZTE Romania, the subsidiary of one of the largest manufacturers of telecom equipment in the world, ZTE Corporation, in a series of court actions concerning the alleged infringement of a standard essential patent – SEP – held by Vringo, a patent troll. Our work covered both IP and Competition aspects and, from a competition perspective, revolved around a very hot topic – the abuse of a dominant position by a SEP holder when requesting an interim injunction.
• Kaufland, the largest retailer of FMCG in Romania, part of Schwartz Group (the 4th largest retailer in the world), with respect to the Competition Council’s investigation of potential anticompetitive agreements concluded between several retail chains amongst which Kaufland, Auchan and Carrefour and their suppliers of food products. The investigation was closed without sanctions with respect to our client.
• Sig Sauer GmbH & CO. KG, one of the leading weaponry and war ammunition producers worldwide, in an antitrust investigation regarding alleged bid rigging in a tender procedure for purchase of infantry ammunition and optical devices organized by the Ministry of National Defense of Romania.
• GDF Suez Energy Romania, in connection with an investigation launched by the Romanian Competition Council for an alleged abuse of dominant position perpetrated via an alleged refusal to grant access to the upstream pipeline system administered by the client, further to the privatization of the Romanian gas distribution and supply system. The investigation was closed without any findings of infringement against the client.
• Generali Holding Vienna A.G., in connection with a complex price fixing cartel investigation on the privately administered compulsory pensions (2nd Pillar) market. The Competition Council’s investigation also aimed at establishing whether an infringement of Art. 101 TFEU was perpetrated by the participants to the cartel, due to the Community liberalization of pension fund adhesions.
• Novo Nordisk, on the distribution agreements put in place in respect of Romania and the competition law aspects derived from the new structure of distribution, taking into account the recommendation of the Romanian Competition Council’s comprehensive sector inquiry report on the pharmaceutical sector.
• Penta Investments, the leading investment fund in the CEE, in connection with the acquisition of the most important Romanian producer of medical software. The mandate covered an in-depth antitrust due-diligence procedure aimed at identifying potential risks in connection with the target company’s commercial practices, scrutinized through the lens of the Competition Council’s recent decision-making practice and the standards that it has suggested for the Romanian pharma market.
• Daimler, on the possible risks of infringement of competition law in Romania by the implementation of a system of bonuses/rebates taking into account the recent practice of the Romanian Competition Authority and Romanian courts on abuse of dominance and the tests employed to determine such.
• Johnson & Johnson, a leading worldwide producer of innovative medicines, in connection with the compliance with competition rules of a project concerning the distribution of a specific medicine on the Romanian market.
• Eli Lilly, in connection with a significant number of competition law-related matters with a premier focus on the competition aspects entailed by its distribution relationships, such as special offers, discounts, exclusivities, selective distribution agreements, participation in tenders, and to the setting up of an emergency distribution system related to one of its products, in such a manner as to comply with the competition law requirements.
• Servier, the largest French pharmaceuticals producer, and its Romanian subsidiary with day–to–day competition related matters ranging from discounts and promotional activities to distribution agreements and including the setting up of an emergency stock system in such a manner as to comply with the competition law requirements.
• Penta Investments (a major European investment fund), on the EUR 300 million acquisition of the largest pharma distribution conglomerate in Romania – A&D Pharma – by means of Dr. Max, one of the biggest pharmacy chains in CEE owned by Penta. The competition component of the transaction implied assessment of the main distribution and supply agreements concluded by the A&D Pharma group companies, assessment of any other activity component involving competition law (not only vertical but also horizontal) implications and in complex merger control assessments of turnover and other eligibility conditions for the determination of the EU and / or national level notifications required to competition authorities. The challenge of merging the largest pharma distribution group in Romania with one of the largest pharmacy chains in Europe in the largest pharma transaction ever undertaken in Romania was uniquely well suited for our team’s ability to investigate and identify not only immediate risks but also potential risks and to map for the minimization thereof on the medium and long term.
• Novartis, with respect to providing assessments on both the Preliminary and the Final Reports of the European Commission on the pharmaceuticals market, with special attention to its impact on the Romanian market, as well as in connection to sensitive competition law aspects of an envisaged protocol to be concluded with the Ministry of Health, so as to provide breakthrough medicines in one of the most important national health programs. Our work also covered providing legal assistance and representation in connection with a complaint against an alleged abuse of dominant position by the Client, filed with the Competition Council by a generic company, and eventually dismissed by the Competition Council as ungrounded.
• Appointed by the Competition Council as the monitoring agent in relation with the implementation of the commitments undertaken by a leading telecommunications service provider and approximately 100 distributors following the investigations carried out by the Competition Council in relation with potential anti-competitive agreements between the most important telecommunications service providers and their respective distributors. The competition concerns of the Competition Council that had to be alleviated as a result of the commitments referred mainly to the area of resale price maintenance through recommended maximum prices, market sharing and non-compete obligations.

Other representative mandates of our practice includes advising:

• An international shipyard group, in the evaluation of a potential anticompetitive behavior by competitors in a public tender for military vessels in Romania.
• One of the largest manufacturers of plasma-based products worldwide, with an investigation launched by the Romanian Competition Council into alleged horizontal agreements concerning an alleged boycott related to the supply of immunoglobulins on the Romanian market.
• Aeon Building S.R.L., a Romanian construction company, in an investigation launched by the Romanian Competition Council into an alleged anticompetitive agreement (i.e. bid rigging) in relation to a public procurement procedure organised by Brasov Town Hall with respect to the planning, organization and operation services for public parking lots located in the city of Brasov. Our mandate covers assistance and representation in administrative proceedings before the competition authority, as well as in court proceedings concerning the annulment (and/or suspension of execution) of various administrative acts of the competition authority, including the Competition Council’s dawn raid order and a potential sanctioning decision.
• BNP Paribas Personal Finance S.A. (through its Bucharest branch) regarding the Competition Council’s investigation on the financial leasing and consumer credit markets. Recently, the Competition Council exonerated our client of any involvement in the investigated anticompetitive practice.
• Electrolux Romania, the national subsidiary of the worldwide EEE giant Electrolux, in connection with an investigation launched by the Competition Council, alleging that WEEE collecting campaigns in the form of “buy-back” programs undertaken by EEE producers, their retailers and the WEEE collecting associations infringe the provisions of the Competition Law and those of the Treaty on the Functioning of the European Union. At present, our activity within this mandate includes the assistance and representation of the client before the Romanian courts with respect to the annulment of the decision issued by the Competition Council.
• Transavia S.A., a leading Romanian poultry and meat producer, with respect to the Competition Council investigation of potential anticompetitive agreements concluded between several retail chains amongst which Auchan, Carrefour and Kaufland and their suppliers of food products. The investigation was closed without sanctions with respect to our client.
• Monsanto Corporation, related to matters concerning group integration and its consequences in Romania. We have provided advice with respect to antitrust compliance of such an integration process, including several assessments of eventual obligations triggering merger control.
• Roche Romania, in various competition law matters triggered by a series of complaints filed with the Competition Council by its Romanian distributors, as well as in providing competition law training and mock dawn raids.
• Farmexim, one of the leading pharmaceuticals importers and distributors on the local market, during an extensive investigation of the Competition Council following the decision of pharmaceuticals distributors to stop delivering medicines to pharmacies and hospitals during February-October 2008. The investigation was closed without a finding of infringement against the Client.
• Eli Lilly, in relation to the court proceedings initiated against the decision of the Romanian Competition Council issued as a result of the investigation carried out on the insulin drugs market. Our work included assistance during the dawn raid investigations, submitting written observations to the authority, representing the client’s interests during the hearings held before the Plenum of the Competition Council, training for employees and elaborating compliance programs designed to mitigate the risks associated with unannounced inspections.
• Tasked by a major entertainment, sports and content company with the assessment of liability in respect of a possible infringement of competition law in Romania and to then pursue an innovative procedural strategy to mitigate such possible liability in respect of Romania. The matter is relevant as this is the first abridged leniency application in Romania.
• The 8th largest retailer in Europe, in what concerns the Romanian Competition Council’s analysis of the Romanian market for eggs and butter, launched following an impressive increase in the prices of such commodities in Q4 2017, as well as the authority’s analysis on the bread market. Also, we are conducting an in-depth competition law due diligence of the Client’s purchasing practices, including contracts, direct relations with suppliers and the Client’s downstream behaviour in relation with consumers and its other competitors.
• A Germany-based provider of medicines with a chain that extends from pre-clinical and clinical development to worldwide marketing and distribution, specialised in clinical immunology, haematology and intensive care medicine, in connection with a complex change in the structures of carrying out of its activities on the Romanian market.
• Cluj “Avram Iancu” International Airport, one of the fastest growing and dynamic airports in Romania, in the investigation launched by the Romanian Competition Council in relation with the Client’s alleged abuse of dominant position on the market for access services to the airport infrastructure necessary for the provision of ground handling services on Cluj Airport. The alleged abuse of dominant position consisted in the refusal to grant access to airport infrastructure to a private ground handling services agent. In addition to the assistance provided in the administrative procedure before the national competition authority, our activity within this mandate includes assistance and representation in judicial proceedings dealing with the annulment of the Competition Council’s letter rejecting the proposed commitments and the temporary suspension, suspension and annulment of the Competition Council’s investigation order and sanctioning decision.
• A Romanian distributor of medicines, in connection with the acquisition of one of the largest Romanian distributors of pharmaceutical products. The mandate covered an in-depth antitrust due-diligence procedure aimed at identifying potential risks in connection with the target company’s commercial practices, scrutinized through the lens of the Competition Council’s recent decision-making practice and the standards that it has set for the Romanian pharma market.
• The largest retailer of FMCG in Romania, a part of Schwartz Group (the 4th largest retailer in the world), in connection with a possible major acquisition of a rival retail chain.
• A Germany-based provider of medicines specialized in clinical immunology, haematology and intensive care medicine, in connection with the investigation launched by the Romanian Competition Council into alleged horizontal agreements on the immunoglobulin market.
• Dumatrucks S.R.L., a former Romanian distributor and repairer of Renault Trucks/Volvo vehicles, in administrative proceedings before the Romanian Competition Council and in litigation proceedings concerning damages for breach of contract, i.e. unauthorized direct sales carried out by Renault Trucks/Volvo and other anticompetitive behaviour of the latter in connection with the selective distribution system put in place by the parties. We also assist and represent the client in the appeal phase of a claim concerning Renault Trucks/Volvo’s unfair competition practices.
• A long standing national agricultural vehicles and equipment producer, in an investigation launched by the Romanian Competition Council into alleged anticompetitive price fixing agreement. In addition, we also assisted the Client in connection with a parallel procedure against the national Agency for Rural Investment Financing (AFIR) before the Romanian Competition Council for behaviour which limits, distorts or impedes competition on the market.
• The largest Romanian retailer and part of Schwartz group (4th largest retailer in the world), regarding the possible anticompetitive behaviour in the market for pickles. The matter is highly sensitive due to interplay with ongoing criminal investigations and use of evidence from criminal investigations in competition law cases and vice-versa.
• Arena S.A.S., one of the largest alliances of DIY retailers in Europe, to assist with an assessment of their full business model with regard to its compliance with EU and Romanian competition law.
• MLS Invest Trading S.R.L., a well-known fast-food restaurant chain in Romania, in connection with a complex, multi-jurisdictional litigious problem involving the highly intricate interplay between competition law and intellectual property law. The matter has required our team to analyze from both an intellectual property and competition law standpoints the issues and to research, design and implement an innovative but balanced solution. We assisted the Client to successfully negotiate with the counterparty.
• Ansamble Catering, a major provider of airline catering services, regarding a court claim originating in an acquisition via which the Client entered the Romanian market. Specifically, we are litigating on behalf of the Client, who claims that the non-compete and non-solicitation clauses of the acquisition agreement entered into alongside two Romanian persons were infringed by the latter via the setting up and operation of a competing business. The matter is challenging both due to the complex network of claims and counterclaims between the parties and because it involves an assessment of which proprietary data and information was unlawfully used and with what consequences.
• Eli Lilly, on an innovative mechanism meant to enhance distribution of a new innovative pharmaceutical product in Romania. The matter involved a complex market definition exercise that required us to analyse substitutability of pharmaceutical products based on complex pharmacological mechanisms and reviewing specialist scientific data on pharmacokinetics of several classes of potentially substitutable products.
• Cluj “Avram Iancu” International Airport, in the activity of assessment and structuring of staged opening to competition of its handling services market and the management of the potential restriction of competition acceptable based on specific and general legislation.
• Ferring Pharmaceuticals through its local subsidiary, with respect to the Romanian Competition Council market analysis regarding the manufacturing and trade of medicines released without medical prescription, as well as the food supplements.
• Omya Calcita, a leading global producer of calcium carbonate and a worldwide distributor of specialty chemicals, in connection with the acquisition of one of the most important Romanian distributors of chemicals, set up after 1989.
• Interglobe Enterprises Private Limited, an Indian conglomerate holding leadership positions in Aviation, Hospitality and Travel related services, on merger control procedural rules before the Romanian Competition Council for the purpose of a potential economic concentration resulting from the change of control over the company’s Romanian subsidiary.
• Intact Group, in a claim to annul the Romanian Competition Council’s decision dealing with enactments of the National Audiovisual Council with respect to conditions for retransmission of audiovisual broadcasts.
• L’Oreal, the world’s largest cosmetics company, through its local subsidiary, in connection with structuring and implementing several distribution agreements, entailing selective distribution systems and online sales of cosmetic products within the EEA, in order to assure compliance with the competition legislation.
• Ecro S.R.L., the main distributor of Landis+Gyr products in Romania, in an investigation procedure undertaken by the Competition Council on the market for electricity meters in Romania with a view to identifying eventual bid rigging and other collusive practices. Currently, our activity consists in assisting the client in court in order to annul the decision issued by the Competition Council.
• Electromagnetica S.A., one of the oldest and most reputed Romanian producers of electronic apparatus, in a litigation against the Competition Council who applied fines to Hidroelectrica and 11 energy traders for having entered into allegedly anticompetitive long-term electricity sale-purchase / supply contracts. The litigation regarding the annulment of the Competition Council’s decision is complex, entailing energy market related assessments and matters relating to the correct standard of proof and application of the law.
• Frieslandcampina România, the local subsidiary of the European dairy producer FrieslandCampina, in an antitrust litigation (final appeal phase) against a Competition Council decision, with a view to annulling the fine imposed in connection with the first investigation started by the Competition Council with respect to anticompetitive agreements in the food retail sector in Romania.
• Teamnet International, one of the leading Romanian software developers, in an investigation launched by the Romanian Competition Council in relation to procurement procedure held by the National Agency for Financing the Agricultural Sector with respect to the acquisition of a software aimed at managing the allocation of non-reimbursable funds and subsidies for farmland and farming activities in Romania. The Romanian Competition Council finalized the investigation and cleared our client of all charges, while imposing fines for bid rigging on two other investigated companies.
• Electromagnetica S.A., 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 with a view to identifying eventual bid rigging and other collusive/market sharing practices on the respective market, between suppliers of measuring systems to electricity distribution operators in Romania. Currently, our activity consists in assisting the client in court in order to suspend and annul the decision of the Competition Council.
• Arena S.A.S., in matters concerning the compatibility with competition rules of the potential implementation in Romania of a joint purchasing agreement with a local DIY chain of stores. This type of joint purchasing structure, though widely used in Western Europe, has not been implemented in Romania so far and the competition law implications of such are numerous and raise difficult questions as to the compatibility with Romanian Competition Law and the practice of the Romanian Competition Authority.
• Enel Romania, in connection with two separate sector inquiries on the Romanian energy and heat production markets. Legal work includes extensive competition law due diligence of all relevant documents and correspondence, with a view to acknowledging the compatibility thereof with the current competition law framework, in which respect, we have set up an extensive Competition Law Compliance Program to be implemented by the Client in its internal proceedings, as well as in its contacts with third parties, including public authorities.
• Desitin Artzneimittel, on the new distributorship agreements put in place in respect of Romania and the competition law aspects derived from such new structure of distribution, taking into account the new issues identified by the Romanian Competition Council following its comprehensive sector inquiry into the pharmaceutical sector.
• Abbott Products Romania S.R.L., the Romanian subsidiary of a large international supplier of in vitro diagnostic equipment in the assessment of their distribution system in Romanian of in vitro diagnostics equipment and related supplies (reagents) and of potential anticompetitive practices that could result from the behaviour of their clients, private and public entities.
• Genesis Pharma Ltd., with respect to a distribution relation to be entered into with one of the most important Romanian distributors of medicines. Our mandate covered the entire negotiation procedure for the Client, and included legal advice on compliance with antitrust and pharma regulatory rules.
• Nokia Corporation, providing legal assistance in relation to the integration of several Alcatel/Lucent companies in the corporate structure of the new group of companies, following the acquisition by Nokia (listed on Helsinki, NYSE and Euronext Paris), by way of a public exchange offer, of more than 90% of the shares of Alcatel-Lucent S.A. (a French global telecommunications equipment company, listed on Euronext Paris and New York Stock Exchange).
• Jaf Global GmbH, a leading company in the industry of manufacturing veneer and other wood and flooring products, in relation to the acquisition of an entity owning a wood storage facility based in Hungary and its subsidiaries. Our work concerned obtaining the merger clearance from the Romanian Competition Council within a short deadline.
• Rewe through its local subsidiary, operator of the Penny and XXL discounters, in antitrust matters raised by the daily activities of the company and in its dealings with its suppliers and other business partners.
• Kaufland Romania, the largest retailer of FMCG in Romania in terms of points of presence, regarding a complex project involving joint purchasing with its sister company Lidl of the Schwarz Group.
• GEFCO Romania, a leading Romanian logistic services provider, in connection to unfair competition law implications that may result in case of poaching of competitors’ employees.
• Accenture, a strategy, consulting, digital, technology and operations services provider, through its local subsidiary, with respect to unfair competition law aspects and risks related to the transfer of a contract and the potential transfer of employees.
• Premier Capital Plc., an important Maltese investment fund, in its acquisition of the McDonald’s business in Romania. Our work covered the extensive due diligence process in respect of the McDonald’s own business, and that of its numerous franchisees and in tailoring the system via which all such businesses could be brought under the same umbrella following the merger process.
• KT & G Corporation, South Korea’s leading tobacco producer, for providing advice in respect of agency and distribution agreements, in a larger market-prospecting action developed by the client, with a view to entering the Romanian tobacco market.
• Hudson Americas LP, a leading investment fund, regarding merger control implications resulting from the spin-off of a series of holdings into corporate structures in Romania active on the market for pawn-shops.
• Intact Group, one of the main operators of TV channels in Romania, in its dispute with RCS & RDS, the operator of the main cable network in Romania, concerning the discriminatory refusal of RCS & RDS to enter into negotiations regarding the re-broadcasting of Intact Group’s TV channels.
• CRH Group Services Limited, leading international player active in the construction products manufacturing and distributing sector, in connection with the acquisition of certain companies belonging to Lafarge Romania, the largest Romanian corporation in the construction sector, in the divestment procedure approved by the European Commission in connection to the Lafarge / Holcim case. Carrying out a due diligence exercise to identify any existing competition concerns.
• Inform Lykos, one of the largest players in the printing industry in Romania and member of the Lykos group, in an investigation launched in 2013 by the Competition Council concerning alleged cartel-type behaviour in the form of bid rigging in connection to certain acquisition procedures taking place on the market for printing services.
• Havi Logistics, a premier provider of a wide range of logistic services, including procurement, stock management, transportation, delivery and invoicing, regarding the analysis and restructuring of its relationship with some of its main customers worldwide and at national level, such as McDonalds’, the world’s largest chain of hamburger fast food restaurants, and OMV Petrom, a Romanian integrated oil company, the largest corporation in Romania and the largest oil and gas producer in Southeast Europe.
• Antena TV Group in connection with an antitrust investigation launched by the Competition Council regarding the abuse of dominance carried out by the operator of the main cable network in Romania in refusing to rebroadcast a must-carry TV channel operated by the group and in connection with the court challenge of a Competition Council decision addressed to the sector authority recommending a change in legislation pertaining to the status of must-carry TV channels.
• Colas Drumuri, the national subsidiary of the worldwide road construction giant Colas, in relation to an investigation launched by the Competition Council regarding an alleged bid-rigging for certain road maintenance works. The investigation was closed without any finding of infringement against the Client.
• Audi A.G., with a novel and innovative project regarding certain functionalities for its cars, involving an analysis of the possible risks and opportunities provided by competition law rules to implement the company’s commercial innovative strategy.
• Sab Miller, the worldwide brewing company, regarding the merger control analysis of a number of contemplated acquisitions of certain beer brands present on the Romanian market as well as during the full merger control and clearance proceedings triggered by the EUR 10,000,000 acquisition of the majority stake in one of Romania’s oldest and most reputed breweries.
• Müller Dairy Romania, the national subsidiary of one of the most important producers of dairy products, in connection with an investigation launched by the Competition Council regarding the vertical relationship between suppliers and a number of retail chains such as Metro and Selgros. The investigation was closed without any findings of infringement being made against the Client.
• Generali Fond de Pensii S.A., the third Romanian player on the privately administered private pensions (2nd Pillar) market in Romania, in the investigation proceedings undertaken by the Competition Council regarding a market sharing cartel on the privately administered compulsory pensions market, as well as regarding a possible infringement of the rules under art. 101 TFEU. Our work covered the entire range of competition law tailored assistance, from dawn-raids undertaken immediately after the launch of the investigation, providing assistance in respect of subsequent requests for information and other ancillary investigation-specific activities, up to the hearings held by the Competition Council based on the findings recorded in the Investigation Report. We further represented the Client during the court proceedings against the decision rendered by the Competition Council.
• Volkswagen, on competition law aspects with respect to a new innovative business model regarding car functionalities, including an analysis of the possible risks and opportunities provided by competition law rules to implement the company’s commercial innovative strategy.
• Belupo Pharmaceuticals and Cosmetics, a leading Croatian pharmaceuticals producer and member of the Podravka group, in respect of an investigation conducted by the Romanian Competition Council related to an alleged infringement of competition rules at both national and EU level, via the impairment of parallel trade.
• GlaxoSmithKline, in connection with the investigations and dawn raids conducted by the Romanian Competition Council on certain drug markets, as well as with various competition issues deriving from the distribution agreements concluded with their wholesale distributors, employee training and elaborating compliance programs, as well as in relation to the full range of competition-related matters in connection with the acquisition of Europharm, the largest private pharmaceutical group of companies in Romania.
• H Lundbeck A/S, a major Danish pharmaceutical company, before a number of public authorities, including an extensive analysis of the relevant Romanian regulations and case-law related to the protection of Lundbeck’s rights against the generic companies, within the context of the European Commission’s sector inquiry on the pharmaceutical market and the Preliminary and Final Reports thereof.
• Roche Diagnostics International Ltd., on the whole array of antitrust aspects related to the EUR 17,500,000 acquisition of Top Diagnostics’ in vitro diagnostic health business, including filing the merger control notification with the Romanian Competition Council and obtaining clearance from the latter.
• ARPIM (the Romanian Medicines Producers Association), Abbott Laboratories, Servier, Roche, Eli Lilly, with respect to the Competition Council’s sector inquiry conducted on the wholesale pharmaceuticals distribution market in Romania, including trainings, designing and implementing specific compliance programs and representing the client before the Competition Council.
• Mccann Erickson, Brand Programming Network and Initiative Media, in an investigation launched by the Romanian Competition Council on the market for media services procurement.
• URBB, the local producer and distributor of international beer brands such as Tuborg, Carlsberg and Holsten, during a sector inquiry launched by the Competition Council on the beer market as well as with the restructuring of its commercial contracts following the completion of the sector inquiry.
• Anchor Grup, a leading real estate developer and operator of Bucharest Mall and Plaza Mall, related to a sector inquiry on the cinema theatre operation market in Romania.
• Romticket, an issuer of meal tickets on the Romanian market, in connection with a complaint to the Competition Council regarding the existence of an anticompetitive agreement between the three main players on the meal vouchers market. Following the filing of the complaint, the Competition Council launched an investigation on the respective market.
• Agrafood S.R.L., the national subsidiary of the Banvit Group and one of the major Turkish investments in Romania, regarding merger control issues related to the acquisition of three poultry farms.
• Romstal Leasing, part of the KBC Group, regarding a complaint filed by a competitor with the Competition Council, alleging an abuse of dominance in respect of the client’s market behavior.
• Banca Transilvania, one of the most important Romanian-based banks, in connection with the investigation undertaken by the Competition Council on the banking services market in Romania.
• Re Power, a major Swiss energy group, with regard to merger control proceedings triggered by its acquisition of a Romanian energy provider, Elcomex EN S.R.L. Legal work covered the entire transaction, from the initial discussions and negotiations, including drafting and finalizing the SPA, drafting and submitting the merger control notification form to the Competition Council, and obtaining the latter’s clearance with regard to such transaction.
• Schindler Romania, in its relationship with the Romanian Competition Council, and counseling the client in respect of the market survey proceedings undertaken by the Competition Council on the Romanian escalators and elevators market, in line with the proceedings undertaken at EU level by the European Commission.
• Ursus Breweries (the Romanian subsidiary of the SAB Miller group), in a significant number of competition law-related matters, ranging from distribution agreements, discounts and promotion activities to compliance policies, also preparing a tailored Competition Law Compliance Program.
• Hitachi Motors Europe, in connection with the implementation of a new machinery distribution system and assessing the compatibility thereof with the rules of the Romanian competition legislation and proper implementation of the agreement.
• Mitsubishi Motors, L’Oreal, Boconcept, Montblanc-Simplo GmbH and Garmin Europe, in connection with structuring and implementing several distribution agreements, entailing either exclusive or selective distribution systems, or franchise agreements, the compliance thereof with competition laws and regulations, including representation before the competition authorities.
• Romanian Brewers’ Association, with respect to compliance with the EU and Romanian competition rules regarding the exchange of information concerning the activities of the members thereof.
• Enel S.p.A., following the acquisition of two of the subsidiaries of Electrica S.A. (the largest electricity distribution company of Romania) – Electrica Banat S.A. and Electrica Dobrogea S.A. in relation with obtaining the Competition Council’s clearance, as well as drafting the notification to the Romanian Competition Council and representing the company’s interests in all notification ancillary issues before the competition authority.
• Lindab, in connection with all the competition matters arisen from the acquisition of two Romanian companies belonging to the Czech Sipog group, including the preparation of the merger control notification and obtaining the clearance from the Romanian Competition Council.
• PPF Partners, one of the largest investment funds in the Czech Republic, on a wide array of competition matters (merger control and State aid included) arisen in the context of the fund’s continued acquisitions in Romania, among others, in the hotel construction and utilities sectors, with a total value of more than EUR 200,000,000.