Competition and State Aid


Competition compliance services

On antitrust matters, we provide our clients with tailored competition compliance services, based on the company’s organisational model and specific needs: drafting and/or reviewing agreements and internal documents, assisting clients in preparing or reviewing pricing and discount policies, preparing and implementing compliance programs (competition seminars for management, key employees or business partners, compliance guidelines, conducting mock dawn raids etc.), organising internal audits in relation to the company’s business (including conducting IT forensic inspections using specialised equipment and software), risk analysis in relation to specific business scenarios, defining the commercial strategy or shaping distribution networks in accordance with competition law requirements, assisting clients in drafting proposals for legislative changes or interpreting legislation in areas ancillary to competition law etc.

Assistance and/or representation services during investigations

During the investigations conducted by the Competition Council or the European Commission, we have successfully assisted numerous clients at every procedural stage of the authority’s process: from the moment of the dawn raid, during IT forensic procedures and up to the conclusion of the investigation, as well as in relation to litigation claims before the courts of law. We conduct our own risk assessment of the evidence collected by the competition authority and we are constantly working with clients to identify and tailor the right defence strategy to their needs. Our services include both the preparation of defences against the competition authority’s allegations (correspondence or other position papers, reply to the statement of objections, participation in hearings etc.) and the identification and implementation of alternative procedures for closing the investigation (settlement procedure, commitments’ procedure etc.).

Assistance services during M&A transactions and foreign investments

On mergers and foreign direct investment matters, we assist many players in all industries in reviewing and analysing corporate transactions and operations from the perspective of the obligation to notify the Competition Council/European Commission or CEISD (as appropriate), including integrated assistance in preparing the relevant notification files and obtaining merger/foreign direct investment clearance.

Assistance services on State aid matters

Our team of lawyers collaborates with specialists (economists and evaluation experts) from PwC Romania to cover a full range of consultancy services in the field of access to public funds such as State aid and European funds. We can therfore assist clients interested in obtaining public funding from the eligibility analysis stage for various State aid schemes launched by authorities in Romania or at EU level, moving forward to the application phase, the clarification stage and concluding with procurement procedures or other implementation and settlement formalities. Our services in relation to accessing public funding also include assisting companies in difficulty in the restructuring phase or identifying, together with the client, funding sources for large investment projects requiring State aid subject to notification to the European Commission. As regards corporate transactions and due diligence process, we provide assistance in relation to any existing or potential State aid risks. We also assist and represent clients in complaints in relation to alleged unlawful State aid. Last but not least, we provide legal and project assistance to state-owned enterprises or public authorities in verifying the compliance of economic transactions with the market economy operator principle.