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Competition

Whether you are a new entity or an established and expanding player on the market, the EU Competition Law provisions are an essential part in the conduct of everyday business and related transactions, for any organisation. Due to the complex nature of Competition Law and its’ decidedly specific industry-related character, legal advice in the EU and in the area of National Competition Law should only come from experts, with significant experience and extensive understanding of the client’s needs. At Stratulat Albulescu, you can expect just that from our incredibly thorough and dedicated Competition Law team.

Our attorneys have significant experience in Competition/Antitrust and State aid Law, being involved in numerous field-related projects. In providing assistance to our local and international clients, we employ economic theory and methods, grounded in a thorough understanding of the market in order to provide a full range of analysis in matters involving Competition Compliance, Mergers and Acquisitions and Joint-Ventures Clearances, Antitrust Litigation, Competition Policy, State Aid and Unfair Competition.

 

Compliance

We handle a wide spectrum of Antitrust cases, using our expertise in assessing concepts such as market definition, market dynamics, entry conditions, pricing, single firm conduct and agreements.

We offer specialized legal assistance for our clients in the form of analysis on Anticompetitive Practices, including self-assessments and filing for exemption with the Romanian Competition Council (RCC), drafting and reviewing agreements in accordance with Antitrust Regulations, granting legal support during down raids, elaborating Risk-Management strategies and Compliance Programs, drafting and implementing tailored Internal Regulations for our clients in relation with certain policies to be adopted in relation with dealing with various Competition issues.

 

Merger Control

Our legal assistance covers filing for clearance of economic concentration operations of any kind (mergers, acquisitions (share or asset deals), joint-ventures, etc), grating legal support throughout the RCC’s review process (including phase II – Investigations), including representation before the RCC in eventual hearing procedures, as well as drafting and sustaining observations on the Authority’s Investigation Reports. We advise our clients throughout the entire filing process, grating legal assistance and advice in the process of preparing the necessary documentation and sustaining the case before the RCC.

Unfair Competition

As a more recent and constantly growing practice, unfair competition cases are brought before the RCC, as an alternative to bringing such cased directly in Court. We have significant experience in dealing with unfair competition matters, offering high-level advice to our clients starting with the initial legal assessment of the case and throughout the entire filing process and related investigation initiated by the RCC. We also advise our clients in litigious matters dealing with unfair competition, providing specialized legal assistance and support.

 

State Aid

Our team has extensive experience in dealing with State Aid issues, assisting State institutions and private entities in various matters involving State Aid. We are granting legal advice and support to our clients before the RCC and the European Commission in complex cases, using our wide capability towards meeting the client’s needs and ensuring legal compliance with applicable rules and regulations in this field.

 

Relevant experience

Assisting an important German Group in the process of obtaining merger control clearance in relation to the acquisition of Austrian player on the leather market in the automotive sector

Assisting one of the biggest players on the Romanian print market in obtaining merger control clearance for the recent acquisition of the printing activities of two other entities active on the market

Assisting a security company, part of one of the largest Romanian groups of companies, during the investigation carried out by the RCC on the Security Services market

Assisting the one of the most important international players on the automotive market in relation with Competition aspects of the company’s business conducts, promotional mechanisms, etc

Assisting the most important private railway transport operators  in relation to multi-million acquisitions of companies and assets on the railway freight transportation market. The mandate included obtaining clearance from the RCC in relation with such operations

Assisting one of the players on the pre-paid operations market in relation with the implementation of the commitments engaged in with the RCC, on the pre-paid instruments and operations market

Advising the largest dialysis services & products provider at worldwide level on several acquisitions on the Romanian market in connection with obtaining merger control clearance, including in one more complex acquisition that involved structural & behavioral commitments followed by assistance during the monitoring period

Advising on merger control-related aspects during the acquisition, by one of the top worldwide French DIY retailers, of the entire business in Romania of a leading Austrian DIY business;

Assisting a tier-1 Romanian DYI retailer about the in- tended acquisition of one of the largest office buildings project in Bucharest regarding merger control clearance from the RCC;

Assisting a Swedish Private Equity Fund during the merger control proceedings related to the acquisitions of several businesses in Romania that targeted various industries such as: (i) decorative paints, wash- able paints, primers and lacquers, including expanded polystyrene and insulation materials; (ii) complex IT solutions for the retail and food industry; (iii) home and office water solutions in Bottled Water Coolers and Point of Use water filters, as well as coffee solutions for office consumption

Assisting on the acquisition by the largest private healthcare services provider in Romania of a high-end dental centers chain as regards the merger control clearance

Advising an independent investment firm on the acquisition of an European market leader in the construction and management of mobile telecom networks, including telecommunications infrastructure (such as: energy solutions, data-centers, niche, towers) in relation to obtaining merger control clearance

Regularly advising a broad range of clients on various Competition Law related matters related to their day-to-day business, including structuring distribution systems, horizontal cooperation arrangements etc.

Providing customized Competition Law training sessions to clients active in various industries (e.g., construction materials, pharmaceuticals, food products, glass manufacturing, container transportation, etc.)

Providing on-site assistance during several dawn-raids carried out by the RCC, and further legal advice during the Antitrust Investigations initiated by the RCC

Assisting the largest aeronautics and space company in Europe in relation to various proceedings aimed at obtaining State Aids for the development of a helicopters manufacturing business line in Romania

Assisting a well-known Italian bank in relation to Competition Law aspects of an envisaged Joint Venture with the Romanian Post, at the latter’s initiative, to offer basic banking services in most rural areas

Assisting a large FMCG multinational company on various competition/antitrust matters arising in relation to company’s market share exceeding 30% on several products’ markets, as well as agreements with distributors

Advised a prominent Romanian bank on Competition Law matters in relation to the Mastercard and Visa agreements

Assisted one of the most important players on the direct mailing and security products market during RCC investigation

Assisted one of the most important players on the insurance market during the dawn-raid and preliminary stages of the on-going RCC investigation

Performing a detailed review from a Competition Law perspective of template commercial agreements used by largest Romanian company in the para-pharmaceutical market in their day-to-day activity

Assisting an important telecom operator in relation to a Competition Law assessment in relation to a possible abuse of dominance by a competitor regarding must-carry TV programs

Assisting operator in the food market in relation to a merger control filing to the RCC.

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