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Investigations of the Competition Council
- D&B assisted a group of companies during the first investigation of the Competition Council on the wood market in Romania, having as object potential anticompetitive agreemens between undertakings participating in certain tenders organised by Romsilva. D&B also assisted the companies in assessing the compliance of their operations with timber traceability obligations by analysing internal processes and employee performance.
- D&B assisted several cereal traders during the Competition Council’s investigation (including during the dawn raids) into a potential price-fixing cartel between companies active on the market for cereal trading and marketing in Romania. The investigation was concluded without sanctions.
- D&B assisted a major cement producer in the first cartel case in Romania (2005 – 2007). At the level of the Competition Council, we succeeded in dismantling the allegation that three companies exercise a “collective dominant position” (it was the first time that the Competition Council tried to apply the theory of “collective dominance”). We obtained the annulment of the EUR 9 million fine imposed by the Competition Council on our client. We assisted and represented the client before the Bucharest Court of Appeal and the High Court of Cassation and Justice during the legal proceedings initiated by our client against the decision issued by the Competition Council following the investigation. The proceedings ended with the final decision of the High Court of Cassation and Justice annulling the decision of the Competition Council only with regard to our client.
- D&B assisted a Non-Banking Financial Institution throughout the investigation launched by the Competition Council into an alleged exchange of sensitive information within the Association of Financial Companies. The investigation was concluded without any sanctions for our client.
- D&B assisted a group of prestigious companies in the hospitality industry throughout the investigation carried out by the Competition Council on the F&B services market at Henri Coandă Bucharest International Airport regarding a potential price-fixing cartel between operators of commercial F&B premises. The investigation resulted in fines totalling only EUR 32,000 for the group of companies assisted by D&B.
- D&B assisted a major telecom operator during several investigations conducted by the Competition Council. During one of the investigations, D&B assisted the client before the courts in connection with the challenge of the fine imposed by the Competition Council in the amount of EUR 34.8 million for an abuse of dominant position and obtained the annulment of this fine before the Bucharest Court of Appeal. In the recourse concluded in 2018, D&B obtained a reduction of the fine to EUR 23.83 million.
- D&B successfully assisted and represented an oil company and its affiliated distributor before the courts in the annulment of a decision issued by the Competition Council, obtaining a significant reduction of the fine imposed by the authority, with a cumulative amount of EUR 21 million, from the initial amount of EUR 116 million.
Mergers
- D&B assisted a group of companies – the leader of the local courier market – in notifying the Competition Council of the takeover of a transport and logistics operator.
- D&B assisted a German company with a long-standing tradition in the coffee industry, specialising in the professional supply of coffee and related services, in the clearance by the Competition Council of a transaction whereby it acquired control of a player active in the wholesale of coffee, tea and food products and other away-from-home coffee solutions.
- D&B successfully assisted a prestigious Turkish company in the hospital industry in connection with the authorisation by the Competition Council of the transaction whereby the company entered the Romanian market through the acquisition of a private hospital owned by an Italian group of companies.
- D&B provided legal assistance to the largest electricity producer in its dealings with the Competition Council regarding the creation of joint ventures with private investors to build 8 photovoltaic parks and a combined cycle power plant (CCGT).
- D&B provided legal assistance to a Hungarian investment fund interested in expanding its operations on the Romanian agricultural market. Our competition team assisted with the notification to the Competition Council of two economic concentrations in connection with the acquisition of farm assets.
State Aid
- D&B successfully assisted a major Romanian energy producer in obtaining a restructuring aid of over EUR 2 billion, including its approval by the European Commission.
- D&B has assisted a large number of industrial clients in obtaining funding from the National Resilience and Recovery Plan (PNRR) for the construction of photovoltaic parks to produce electricity for self-consumption, with public support in the form of State aid.
- D&B provides ongoing assistance to a major player in the oil industry in identifying relevant State aid schemes for its business and applying for various available public funds.
- D&B assisted a major international organisation in implementing the legislative framework for an European funding programme in Romania, recognised as one of the key financing instruments contributing to the objectives of the European Green Deal.
- D&B assists major players in the heavy industry market in preparing applications for State aid from the Modernisation Fund.
