Competition
Ţuca Zbârcea & Asociaţii provides legal advice on the application of full-scale competition law matters, from antitrust cases (both in administrative investigations and in follow-on damages claims), domestic and cross-border transactions (mergers, acquisitions, joint ventures etc.), state security screening procedures under the foreign investment rules, to State aid procedures.
Our lawyers have defended clients’ rights before the national competition authority, the European Commission, as well as in litigation procedures before the national courts and the Court of Justice of the European Union.
The team also developed a strong practice in the competition compliance field (e.g. prior assessment of potential competition issues in complex projects, training programs) helping clients in preventing breaches of competition law. Furthermore, our competition lawyers specialise in a large number of unfair competition matters, consumer protection topics, unlawful commercial practices.
Our Services
competition authority investigations, including assistance during unannounced investigations, defence strategies (commitment procedures, full defence, support in preparing economic studies and various reports to support the case, leniency applications and/or settlement procedures), support in providing answers to queries raised by the authority, representation at hearings, handling appeals against adverse administrative decisions, complaints for breach of competition norms, as well as assistance in case of civil follow-on damages claims for breach of competition law.
assessment of regulatory and legal framework; providing competition audits and tailored competition compliance programs (trainings), as well as risk management strategies, offering practical legal advice on specific questions raising competition law issues in the day-to-day activities and/or complex projects to prevent breach of competition law.
advice in competition clearance of M&A projects, both during initial phase (Phase I) and/or in-depth merger investigations (Phase II) and proposal of remedies for merger clearance, as well as assistance in procedures on foreign investments screening performed by authorities with competence in the state defence sector.
assessment of state aid measures, legal support in providing information for notifications in state aid clearance procedures notified by the Romanian State to the European Commission, representation during European Commission investigations on alleged illegal State aid, handling complaints regarding illegal state aid, compliance assessment (e.g., advising on the application of the private investor principle); assistance during the monitoring stage of authorised state aid.
Client Highlights
Representing a top retail chain in the food retail sector investigation related to a vertical price fixing practice during promotions.
Acting for a top insurance company during various investigations (i) a sector review inquiry on the insurance market, (ii) an investigation on the aviation insurance market and (iii) an investigation on an alleged exchange of sensitive information between insurance companies through the professional association which was further narrowed down to the MTPL insurance market, in this latter case, the assistance continues with the court case against the sanctioning decision issued by the authority.
Advising an international supplier of agricultural machinery and a local wholesaler of agricultural machinery in the investigation related to a price fixing practice on the market for the sale of agricultural machinery in the context of EU funded sales.
Advising a national key state company in the energy sector in an investigation considering the role of facilitator in a bid rigging cartel. Assistance continues with the court challenge against the sanctions applied.
Representing a top supplier of medicines in an abuse of dominance investigation related to the direct-to-pharmacy emergency channel. The investigation was closed without sanctions.
Assisting two important players on the financial leasing market in the investigation related to sharing of commercially sensitive information through the professional association.
Advising an international electricity supplier/trader in the investigation on the competitive segment of the energy market against the largest electricity power producer in Romania and its clients related to long-term supply agreements. The assistance continues with the court challenge against the sanctioning decision.
Representing a top retail chain on the merger clearance procedures concerning the acquisition of a large chain of supermarkets both in the referral procedure from the European Commission to the local competition authority, transaction clearance and remedies proposed for transaction clearance. Other merger procedures in which we acted for the client include assistance on two joint venture projects with a real estate developer and operator for the development of a commercial malls.
Acting for one of the top FMCG wholesale distribution companies in Romania in various transactions requiring merger clearance such as the acquisition of a professional cosmetics wholesale activity, the acquisition of a wholesale distributor or pharmaceutical products (in a transaction entailing horizontal overlaps and mixed conglomerate merger elements), the subsequent divestment of the pharmaceutical products wholesaler in view of the acquisition of the client’s group by another important international wholesale distribution group.
Acting for an important local media group on the clearance on the acquisition of telecommunication networks, as well as three movie TV stations in a complex share and asset deal transaction and merger clearance on the acquisition of an important general TV station.
Acting for an international group active in the agriculture sector in the clearance process related to the acquisition of a local agriculture business, as well as of the transaction related to the set-up of a fully functional joint venture in the wholesale distribution of fertilizers in the region.
Representing an international investor in wholesale distribution of pharmaceutical products in the FDI screening procedure linked to the acquisition of a European group of wholesale distribution of medicines having businesses in Romania inclusively.
Acting for a top retail chain, an important telecom operator, an important beverages wholesaler in a full spectrum of day-to-day compliance matters from review of contracts/business models to tailored compliance trainings and implementing internal compliance procedures (e.g. Chinese Walls, black-boxes mechanisms).
Acting for various international groups in the pharmaceuticals and medical devices sector in connection with competition law review or audit of distribution systems/contractual frameworks, new commercial policies, implementation of innovative client applications.
Providing tailored compliance trainings to clients in various sectors such as banking and finance, insurance, agriculture, telecom, energy, as well as tailored advocacy programs for their business partners. Providing tailored compliance trainings for associations in various sectors such as finance, agriculture etc.
Assisting one of the major renewable power suppliers during the process of individual notification to the European Commission on individual support measures (i.e. green certificates) aimed at incentivising the investments and subsequent operation of renewable electricity power plants.
Assisting the national mail carrier on state aid topics in connection with its proposed privatisation procedures. The assistance included also assessments based on Services of General Economic Interest (SGEI) legal framework and the private creditor test.
Representing a top electricity supplier in the State aid investigation initiated by the European Commission over electricity tariffs applied by the state electricity producer to its clients.