Competition

PeliFilip has one of the strongest antitrust, competition and trade practices in Romania, as widely acknowledged by international directories.

We have advised Romanian and international clients with respect to landmark cases and projects in all relevant competition & trade areas – mergers, cartels, vertical restraints, dominance, State aid, public procurement, unfair competition, IP (including parallel trade). We offer dynamic assistance to clients in competition investigations and merger control fillings and submissions before the Romanian Competition Council.

Our lawyers have an excellent understanding of economics, as well as the experience, skills and responsiveness to handle most challenging and difficult cases in a full spectrum of competition, regulatory and trade matters, both under EU and national rules.

With a unique combination of legal knowledge and commercial awareness and the support of a strong dispute resolution team with specific expertise in antitrust litigation, we provide our clients with straightforward, commercial and pragmatic legal solutions on distribution arrangements, pricing, discounts and rebates policies, joint ventures, complex merger scenarios, etc. Our activity also spans a wide range of regulated sectors, including telecoms, pharmaceuticals, energy, as well as sectors with particular rules, such as FMCG, or automotive, while in all cases our advice covers both competition and regulatory matters.

KEY REFERENCES 2008-2011

Advising a major pharmaceutical supplier in relation to two investigations started by the national competition authority on the pharmaceutical market regarding vertical agreements with distributors. The advice of the matter includes, inter alia, analysis of cross-border impacting practices, in the context of a potential direct application (for the first time in Romania) of Article 81 of the EC Treaty;
Advising a major mobile telecommunication company in connection to various matters, such as investigations on the prepaid products market and several proposed acquisitions of prepaid and postpaid retail dealers;
Advising one of the largest European energy groups in relation to complex joint venture for the purpose of developing a nuclear power plant. The assistance included complex joint venture, state aid and public procurement issues;
Advising a major Chinese motor vehicle manufacturer in connection to its entry on the Romanian and EU markets; the advice included negotiation of new car dealership, repair service and spare parts distribution, comprehensive advice on Romanian and European law;
Advising a leading regional brewery group in relation to the structuring and implementation of certain long term supply arrangements;
Advising one of the largest European cement manufacturers in connection with antitrust matters regarding its pricing policy;
Advising Imtech N.V. in connection to the merger control procedure under Romanian legislation regarding its acquisition of sole control over a Romanian company;
Advising a major European energy company active in the renewable energy sector, with respect to a potential investment and development of a cogeneration facility; the advice refers to merger control, state aid and public service obligations related matters, structure and exemption of long term supply agreement;
Advising the Romanian Trade Association of Cosmetics and Detergents manufacturers and importers with respect to various antitrust matters, including an investigation on detergents market and ensuring antitrust meeting policy;
Advising Fabian Romania Ltd in relation to a merger control in connection with the takeover of its real estate business in Romania through an AIM London Stock Exchange offer by Black Sea Global Properties and
Advising an international company, part of an international publishing group, in connection to a proposed joint venture with respect to its Romanian press distribution and retail operations. The assistance includes: legal advice in connection to the feasibility and structuring of the transaction, risk for coordination between the parties, risk of strengthening of a dominant position in the press distribution.