Over the years, our senior lawyers have played leading roles in more than 100 antitrust investigations. We have acted for both complainants and defendants in all stages of antitrust investigations, providing assistance from the initial dawn raid to the hearings held in front of the Romanian Competition Council.
Antitrust investigations are becoming increasingly more complex and wider in scope. In a bid to cover our clients’ needs, we are prepared to assist them with all the ongoing aspects of an antitrust investigation –providing forensic services, risk analysis of the documents taken during the dawn raid, setting up meetings with the case team, preparing answers to the RFIs, negotiating commitments and / or submitting leniency applications, analysis of the Statement of Objections and representation during the Hearings. We are also involved in the drafting of complaints to be filed with the Romanian Competition Council and / or the European Commission, as well as providing supplementary information in order to trigger the launch of an investigation.
Our level of expertise allows us to go far beyond what traditional law firms offer in terms of services – we understand that the consequences of an investigation revolve around so much more than the law itself. We are, thus, committed to truly understanding your business and providing you with a tailored strategy from beginning to end.
We regularly represent our clients in dominance investigations in front of the Romanian Competition Council or the European Commission, acting either on behalf of the dominant company or on the side of the company affected by the abusive conduct.
We conduct legality assessments of potentially abusive conducts and assist our clients in taking the necessary measures to limit their exposure, while keeping their commercial interests at the forefront of our actions. Our experience covers both exclusionary conduct such as refusal to supply, refusal to deal and margin squeeze, and exploitative conduct, such as discriminatory practices and bundling.
As seasoned lawyers, we know that, as universal as dominance and abusive conduct may appear, safeguarding your interests means understanding the intricacies and nuances of your business. At the same time, we take great pride in working together with leading economic experts in the field, in order to fully cover all aspects and put forth a convincing case on your behalf.
We like to think that prevention is always less costly than the cure – a sentiment vastly shared by our clients. As a result, we provide regular, top-notch advice regarding day-to-day or exceptional strategic business decisions.
We advise our clients in relation to entering into, and structuring of, horizontal and vertical agreements, as well as the competition law compatibility of their commercial agreements. We rely on our extended expertise in structuring country-wide selective distribution systems for both dominant and non-dominant companies, in order to shield you from any potential risks.
As entrepreneurs ourselves, we are committed to speaking your language, to take the time to understand your business and tailor our advice in accordance.
We regularly represent clients before the Romanian Courts, both in actions challenging Romanian Competition Council decisions, concerning cartel, abuse of dominance or anticompetitive agreements cases.
Furthermore, we provide strategic assistance in connection to both stand-alone or follow-on damage actions.
While there is little case law in respect of follow-on damage actions in Romania, we are noticing an increasing trend in bringing claims for damages as a result of an anticompetitive agreement.
We are, thus, more than prepared to work with our economic experts to substantiate your claim from both a legal and an economic point of view before the courts, maximizing your chances of success. At the same time, we are ready to connect with our referral network and coordinate claims across various jurisdictions.
Successful merger control procedures, either before national authorities or before the European Commission, require clockwork coordination and execution – and any reputable company would tell you that experienced lawyers are a must have.
Our senior lawyers have been involved in more than 80 mergers in front of the Romanian Competition Council and the European Commission, in sectors ranging from energy to pharmaceuticals to financial and FMCG.
Clockwork coordination entails being involved in every stage of the merger process. As a result, we provide legal assistance in relation to all stages of merger control, from the initial structuring of a transaction, determining whether merger thresholds are met, ensuring the preparation of corporate documentation, reviewing contractual agreements, the set-up of clean teams. At the same time, we are prepared to liaise with other counsels, and, if need be, coordinate cross-jurisdictional merger control processes.
Our level of expertise allows us to swiftly navigate the notification process, providing the relevant authority with the required level of information, ensuring that all involved parties are up to the task. If required, we are more than prepared to propose and negotiate commitments before the Romanian Competition Council.
Compliance is increasingly becoming a focal point of competition policy. Prevention is key – as such, we provide clients, irrespective of size and sector, with the entire toolbox needed to implement effective, tailored compliance programs. We conduct an initial risk analysis of the company, we draft and update guidelines and compliance manuals, we perform trainings and simulated dawn raids. We have also assisted a number of clients with conducting of internal audits in the event the anti-competitive conduct is suspected or as part of a due diligence process. We are also assisting a significant number of trade associations with their compliance programs, ensuring that their members operate in a compliant environment.
Recognizing the importance of effectively implemented compliance programs, as well as understanding the hurdles encountered by companies, we go one step beyond what traditional law firms offer. Our proprietary on-line audit tool significantly lowers the costs and duration of an initial competition law audit, providing us with a preliminary view of the company’s risk areas and allowing us to properly channel our efforts.
We advise companies on potential State aid aspects of proposed investments, as well as regarding restructuring / rescue aid applications. We have also provided assistance during State aid investigations and have conducted private investor tests for our clients.
State aid notifications are rarely a straightforward process – we are prepared to assist you in negotiations and meetings with all the relevant stakeholders involved in the granting of the State aid, including relevant ministries and the Romanian Competition Council.
Our senior lawyers have acted on some of the most important Romanian state aid cases raised in front of the European Commission, being ready to guide you and develop a successful strategy