Competition/Antitrust

Romania’s rapidly expanding economy

have combined to produce unprecedented levels of acquisition activity, with a corresponding increase in competition oversight.

Whether it be a foreign investor entering the Romanian market or an existing player expanding here, European Union and Romanian competition rules are no longer after-thoughts, but rather integral parts of any transaction. Companies acting in neglect of these rules are doing so at the risk of far-reaching consequences.

Sound antitrust advice comes from experts only, based on substantial experience and a deep understanding of the client industry and the ever-evolving nature of competition law; the BirișGoran team has an impressive track record in complex and sophisticated antitrust matters. Our experience covers a wide range of business sectors and products, including:

  • cement, steel and construction materials
  • fast moving consumer goods
  • perfumery products
  • pharmaceuticals
  • banking
  • energy
  • food
  • property and media

Cartel investigation

We represent clients in complex antitrust investigations, including industry-wide sectoral investigations. Our competition partner, Gelu Goran, has represented both fast moving consumer goods and “old economy” clients in price fixing and tacit collusion investigations.

Vertical Restraints

We offer extensive and practical business experience in the antitrust issues faced by Romanian and international clients in their relationships with suppliers, customers and competitors. We advise on exclusive dealing arrangements, pricing issues including recommended resale prices, price discounts, rebates and promotional allowances, licensing, joint ventures, territorial restrictions, and exclusive distribution and selective distribution.

Competition Compliance

We assist clients with antitrust compliance issues and advise clients on a day-to-day basis regarding business transactions and arrangements that may raise antitrust and competition issues. We also conduct antitrust audits, including forensics and digital investigations, and implement for our clients customized compliance programs, seminars and in-house training sessions for their top management and key employees, in order to minimize the potential risks of anticompetitive practices and behaviour.

Merger control

We efficiently guide our clients through the Romanian merger control process so that their acquisitions and mergers are timely completed. Our competition partner, Gelu Goran, has an impressive track record and outstanding experience coordinating pre-merger advice and efficiently clearing Romanian mergers.

Recent mandates include:

Profi
Profi
Assisted Profi, a leading food retail chain in connection with the merger control clearance of the acquisition of three independent food retail chains;
SIF Banat Crisana
SIF Banat Crisana
Assisted SIF Banat Crisana in connection with the merger control clearance for the acquisition of Doosan IMGB from the South Korean group Doosan;
Riegler & Zechmeister
Riegler & Zechmeister
Assisted Riegler & Zechmeister (Austria) in connection with the merger control clearance for the acquisition of a thermal power distributor in North East Romania;
Mayr-Melnhof Packaging International
Mayr-Melnhof Packaging International
Assisted Mayr-Melnhof Packaging International (Austria) a leading producer active on the carton packaging market with the Romanian merger control clearance for the acquisition of Eurasia Invest Holding AG, a global leading tipping paper and tear tape producer;
Bonafarm Group
Bonafarm Group
Assisted Bonafarm Group (Hungary) with the Romanian merger control clearance for the acquisition of the Romanian agribusiness operations of Hungerit;
LafargeHolcim
LafargeHolcim
Advising LafargeHolcim in the Competition Council sectoral investigation of the construction materials market as well as on large number of various competition matters, among which we note assets swap and cross sales with competitors, back up RMX supply agreements, overhaul of distribution system and long-term supply agreements;
Viessmann
Viessmann
Advising Viessmann, a world leading manufacturer of heating and refrigeration systems, in connection with a Competition Council investigation focused on vertical price fixing on the heating systems market;
UniCredit Bank and UniCredit Leasing Corporation
UniCredit Bank and UniCredit Leasing Corporation
Ongoing advice for UniCredit Bank and UniCredit Leasing Corporation in a Competition Council investigation focusing on an information exchange on the financial leasing market;
ASLO
ASLO
Assisted ASLO, the Romanian leasing association, in the context of a Competition Council investigation focusing on an information exchange on the operational leasing market;
Honda Trading Europe
Honda Trading Europe
Assisted Honda Trading Europe, for a comprehensive antitrust audit of its Romanian operations;
Major multinational media company
Major multinational media company
Ongoing advice to a major multinational media company in an investigation of market sharing and price fixing on the Romanian market for film distribution;
Weatherford
Weatherford
Advised Weatherford in the first leniency case completed by the Competition Council for bid-rigging in the energy sector (2015). This follows our involvement as Romanian counsel for Vita Foam’s successful European Commission leniency filing (the Polyurethane foam cartel case, 2014);
Procter & Gamble
Procter & Gamble
Successfully represented Procter & Gamble in the context of a Competition Council investigation on the market of collective systems of management of waste electrical and electronic equipment. The investigation was concluded with Procter & Gamble not being held liable for infringing the competition rules while other 10 international companies were fined with a total EUR 12.7 million;
JTI
JTI
Advised JTI in the context of a Competition Council investigation focusing on alleged price fixing on the cigarettes sector. The investigation was terminated by the Competition Council with JTI not being held liable for infringing the competition rules;
UniCredit Bank
UniCredit Bank
Successfully represented UniCredit Bank in the context of a Competition Council investigation focusing on an alleged cartel arrangement on the inter-banking (monetary) and banking markets. The investigation was terminated by the RCC with UniCredit not being held liable for infringing the competition rules;
Nestlé
Nestlé
Advised Nestlé with respect to a Competition Council investigation on the food retail market. The authority dropped charges against Nestlé while other 26 producers and retailers were fined with a total EUR 35 million;
Delaco
Delaco
Advised Delaco (member of Savencia Group) with respect to a Competition Council investigation on the food retail market during a settlement procedure and secured the second lowest fine received by any of the producers investigated;
Ameropa Grains
Ameropa Grains
Successfully represented Ameropa Grains in connection with a Competition Council investigation for alleged price-fixing on the grains trading markets; and