Competition

Complying with the competition framework is one of the most important areas of concern for any player on the market, within the context of the intensified authorities’ focus of the last couple of years. All business actors have to pay attention to specific compliance aspects such as general practices deployed in dealing with customers and/ or competitors, the day-to-day  business partners (i.e. providers, suppliers etc), but also when scrutinizing and implementing particular projects (such as mergers, acquisitions, investments, business transfers, joint ventures or other economic concetrations).

Our Competition Practice can provide assistance in a wide range of competition related issues, starting with the prevention phase, by analysing the client’s business practices, the ongoing and past contracts concluded with upstream and downstream partners, its relationships with other market players and by designing (in close cooperation with the client’s internal compliance officers) the corporate policies governing the competition compliance aspects (to be further cascaded into the client’s organisation). Our lawyers can assist during investigations carried out by the competent authorities and ensure that the client is fully compliant with the competition regulatory framework (including obligations to properly inform the competent authorities and enabling them to throughly comprehend the client’s business practices).

We have structured and analysed distribution agreements and retail contracts (i.e. the most scrutinized transactions in terms of anticompetitive behaviour) as well as other competition relevant agreements where we have reviewed sensitive aspects related to exclusivity, territorial restrictions, resale restrictions, pricing restrictions etc. The team has been involved in obtaining mergers and antitrust clearance for different projects in Romania but have also supervised clearance procedures in other Eastern European Countries (such as acquisition of sole control or common control over diferent companies, joint ventures and business transfers).

We are experienced in dealing with state aid aspects as we have been involved in projects approved at DG Competition level. Such projects have enabled us to put in place close contacts with competition specialists that have formerly worked within the DG Competition and can provide valuable insights onto the EU regulator’s interpretations. We have put in place partnerships with experienced professionals previously engaged by the Romanian Competition Council and, as such, we can provide our clients with tailored legal solutions enabling them to implement their business policies and achive goals in full compliance with competition rules and regulations.

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