ADRIAN ŞTER

Partner

Bio

Adrian Şter founded 360Competition in 2021. Adrian has been involved in some of the most high-profile and high-value cases throughout his 16 years career, both on the Romanian market, as well as at a regional level. As a result, he is widely recognized as one of Romania’s foremost experts in competition and state aid law, and is recommended and recognised in Chambers and Partners, Who’s Who Legal, Legal 500 and other rankings as one of the best competition experts in Romania.

Prior to founding 360Competition, Adrian was the Partner in charge of the competition law and state aid department of D&B David si Baias and the Partner in charge of the competition department of Wolf Theiss.

Adrian has provided legal assistance regarding cartels, mergers, vertical agreements, competition litigation or abuses of dominant position to clients across a variety of economic and industrial sectors, including oil & gas, food, transport, telecom, pharma, FMCG, retail, financial and banking, automotive, media, agricultural or construction.

Adrian held the position of co-chair of AmCham Romania’s competition law committee for three consecutive mandates. Adrian now acts as AmCham’s representative to the Coalition for the Development Romania, a task force gathering the most representative organizations for the business environment in Romania.

  • LL.M., University College London (2006)

  • LL.B., Nottingham University (2005)

  • LL.B., Babes-Bolyai University (2005)

Experience highlights

  • Acting as a monitoring agent on behalf of the Competition Council in connection with the commitments assumed by Orange Romania and its distribution network following an investigation.

  • Assisting and representing Inform Lykos, one of the main players on the Romanian printing market, in relation with an investigation into a potential client sharing agreement on the market for automatic correspondence processing.

  • Assisting and representing Farmexim S.A., one of the largers Romannian pharmaceuticals distributors, in an investigation alleging participation in an anticompetitive agreement.

  • Assisting Sig Sauer GmbH & CO. KG, in relation to an investigation into potential bid rigging.

  • Acting for Electrolux Romania in relation to an investigation into an alleged anticompetitive agreement entered into by the members of an association carrying out buy-back campaigns for EEEE waste and in connection to the court action challenging the sanctioning decision.

  • Acting for ZTE, one of the largest producers of telecom equipment worldwide, in a series of claims before the European Commission, the Romanian Competition Council and the national courts concerning an abuse of a dominant position by a patent troll.

  • Assisting a number of companies in a Competition Council investigation concerning an alleged anticompetitive exchange of sensitive information on the market for financial leasing.

  • An association of the largest manufacturers of plasma-based pharmaceutical products in a Competition Council investigation regarding an alleged boycott of the Romanian market by its members.

  • Assisting and representing United Media Services, Initiative Media, Brand Programming Network and BV McCann Erickson in an investigation of the Competition Council regarding a potential bid rigging on the advertising market.

  • Assisting and representing Colas Drumuri S.R.L. , the Romanian subsidiary of the French giant, in an investigation undertaken by the Competition Council, concerning alleged bid rigging, and in connection to a court action challenging the initiation of the antitrust investigation and the carrying out of a dawn raid by the Competition Council.

  • Hidroelectrica SA in relation to a Competition Council investigation into a potential dominance abuse. The investigation was closed with the acceptance of commitments.

  • One of the largest FMCG producers worldwide in relation to a Competition Council investigation concerning an abuse of a dominant position.

  • Assisting one of the largest cement producers worldwide in relation to a Competition Council investigation concerning an abuse of a dominant position.

  • Assisting and representing Romticket S.A., a provider of meal tickets in upholding a complaint before the Competition Council alleging collective abuse of dominance by its main competitors. The Competition Council initiated an investigation following the filing of the complaint

  • Assisting and representing Roche Romania S.R.L. in an investigation alleging potential abuse of dominance in relation to one of its main distributors, in a landmark decision of the Competition Council on the pharmaceutical market.

  • Assisting GDF Suez Romania SA in relation to an investigation into an alleged abuse of dominance against one of its competitors on the market for the supply of natural gas; the investigation was closed without sanctions.

  • Assisting and representing Discovery Europe Communications Limited in antitrust proceedings against RCS&RDS, the main player on the Romanian cable market, alleging an abuse of dominance on part of the broadcaster.

  • Assisting and representing the Intact Group in a series of actions before the competition authorities and the courts against RCS&RDS alleging an abuse of dominance on part of the broadcaster.

  • Advising Teraplast Group, in relation to the sale of Terasteel and Wetterbest to Kingspan, cleared by the European Commission and several national competition authorities, and in connection to several of Teraplast’s major acquisitions over the past five years.

  • Coordinating the merger control submissions triggered by the acquisition of a controlling interest in Gorenje by Hisense in a number of jurisdictions, including Kazakhstan and Moldova.

  • Advising Mazarine Energy Romania, a subsidiary of Mazarine Energy BV, on the merger proceedings triggered by two acquisition of several oil fields from OMV Petrom.

  • Advising SNEF, a leading French company active in the energy, maritime, and IT sectors, on the merger proceedings related to the notifications of the acquisition of Net Brinel, one of Romania’s top providers of IT solutions, and Comoserv SRL.

  • Assisting Asahi Kasei, a leading global Japanese company in the chemical industry, with the submission of two merger notifications to the Romanian Competition Council regarding certain acquisition carried out in the USA.

  • Advising ITM, an Italy-based leading investment holding company, on the submission of a merger notification to the Romanian Competition Council in relation to the acquisition of 40% of the shares in, and joint control over, Iseo Serrature, a company which produces metal products, by ITM.

  • Advising Kohlberg Kravis Roberts and Japan International Partners in the acquisition of their joint control over Hitachi Electric. The transaction raised several procedural issues, as it concerned several interrelated transactions which, due to the way in which the entire acquisition was structured, did not amount to a single transaction.

  • Advising Ardian, an independent private equity investment company, in relation to the merger control proceedings concerning the acquisition of Trigo – The Quality Network and Trigo America, an international group offering quality support and conformity assessment services.

  • Advising ICG, a UK-based specialist asset manager, on the submission of a merger notification to the Romanian Competition Council in relation to the acquisition by ICG of 100% of the shares in, and sole control of, Echezeaux Groupe and Etanco Group, a company which produces systems and solutions for structural building applications.

  • Assisting and representing Caisse des Depots et Consignations in the merger proceedings triggered by the acquisition of a controlling stake in La Poste.

  • One of Romania’s largest banks, in relation to the first competition compliance programme on the Romanian market specifically covering the loan syndication process.

  • Advising a company active in the providing of chemical and plastics solutions regarding an internal investigation into a potential exchange of commercially sensitive information. The investigation, initiated by an internal whistle-blower, consisted of in-depth interviews with the relevant employees, forensic examination of emails and drafting of a findings report containing recommendations regarding risk mitigation.

  • Advising one of the largest publicly traded international oil and gas companies, in relation to its distribution structure and chain in Romania.

  • Advising several pharmaceutical producers with their day-to-day competition matters and sensitive competition law aspects of its activity in Romania, including structuring and fine-tuning their distribution agreements regarding territory and customer allocation provisions.

  • Providing day to day advice to one of the main providers of logistic services in Europe. Our advice focused mainly on the structuring of the logistic services agreements concluded by our client with its clients, with a view to ensuring that the respective logistic services agreements are competition law compliant.

  • Advising the operator of an independent gas station chain by carrying out an analysis into potential intra-group competition issues and concerns, as well as by conducting an internal audit aimed at identifying the precise lines of interaction between the companies forming part of the group.

  • Advising a leading provider of lime and limestone with the entering into a complex, highly-sensitive, legal and antitrust review of their framework cooperation agreement with a cement producer.

  • Advising and providing competition law assistance in relation to day to day activities of one of the main FMCG producers, including an analysis of the competition compliance of its discount policy and its distribution agreements. We also carried out competition law audits with a view to identifying any potential breaches of the Competition Law provisions.

  • Advising several automotive manufacturers with the re-structuring of their distribution network, including the termination of certain pre-existing distribution agreements.

  • Advising several companies with the setting up of their competition law compliance programs.

  • the Romanian Ministry of Economy in connection to the state aid issues raised by the envisaged privatisation of Oltchim Ramnicu Valcea.

  • the Romanian Ministry of Transportation in connection to the state aid issues raised by a debt-to-equity conversion carried out in the attempted privatization of CFR Marfa, the biggest rail freight operator in Romania.

  • Assisting TAROM, the national flag carrier, in relation to its rescue and restructuring aid applications before the European Commission.

  • A major terminal operator in connection to the state-aid to be granted by the Romanian state for investment in terminal infrastructure in the Constanta harbour.

ADRIAN ŞTER

Email
[email protected]

Phone
+40 743 185 065