An important distributor of pharmaceutical products

  • D&B provided assistance during a full-scale investigation launched by the Competition Council in 2005 on the insulin market, in connection with an alleged market-sharing cartel related to the 2003 national tender organised by the Ministry of Health.
  • D&B is currently involved in the court case brought by our client against the Competition Council’s decision for the cancellation of an approximately EUR 6 million fine, having already obtained a stay of execution for the client.
  • D&B provided legal assistance during two investigations launched by the Romanian Competition Council: (i) one investigation having as object a possible breach of art. 5 of Competition Law and of art. 81 of TCE (current 101 of TFUE) by the members of a profesional association of pharmaceuticals importers and distributors; and (ii) a market enquity on the pharmaceuticals distribution market.
Major operator of mobile telephony in Romania

  • D&B obtained clearance from the Competition Council for the economic concentration following the acquisition of a strong telecom distributor.
  • The assistance provided to the client before the Competition Council during three investigations made by the Competition Council on the telecom field (i.e. hindering access to the interconnection market investigation of the national and international calls termination markets, potential refusal to provide on the pre-paid products market and alleged agreement with the distributors active on the pre-paid products market);
  • We are the permanent provider of legal services related to multiple competition issues arising in relation to the client’s distribution system, tariff changes, and complaints by other market players, market studies by the Competition Council, etc.
An important drugs producer: Advice on a variety of competition issues arising in relation to the client’s distribution system, discount policy on various lines of services / types of products, the contractual relationship with the client’s distributors, assessment of anti-trust risks related to the implementation of new commercial policies, etc.
An important economic agent active on the retail market:

  • Assistance with the notification to the Competition Council of the economic concentration following the acquisition of various supermarket-type shops performed by a competitor economic agent, with both parties (i.e. the purchase and the seller) operating on the Bucharest retail market. The notification was particularly complex since: (i) the client purchased a major chain of supermarket-type shops present on the Bucharest market in 2008 (D&B also provided the client with assistance for the mentioned transaction); (ii) the competition authority enlarged the analysis field with the purpose of establishing the relevant market of the product in a limitative way and, (iii) during the same period as our notification, the Competition Council initiated an investigation of the relevant retail market in Romania.
  • Assistance during an investigation launched by the Competition Council on a potential infringement of article 5 of Competition Law and art. 81 of TEC (currently art. 101 of TSEU) by the client and its suppliers on the retail market.
An Important Automotives Dealer: D&B requested and obtained the first and, to date, only guidance letter ever issued by the Competition Council with respect to the Automotive Sector Block Exemption Regulation.
Important cement producer:

  • Legal assistance in front of the Romanian Competition Council and Romanian courts against Competition Council decision penalising the companies involved with EUR 9 milion fines for an aledged cartel among competitors on the cement market.
  • The dispute was won by our client and the Competition Council’s decision to penalise our client was canceled.
  • This project was awarded the prize for the „Best Litigation Project of 2006” granted by „The Diplomat” (part of „Romanian Legal Awards 2007”).

State aid

Major hotels chain: D&B provided assistance in obtaining state aid for an investment exceeding the amount of EUR 100 million pursuant to the state aid scheme approved under Government Decision 1165/2007 on encouraging economic growth by supporting investments. The legal assistance consisted of drafting the report for supporting the eligibility of the projects in order to obtain the state aid and meetings with the representatives of the relevant authorities in order for the financing request to be approved.
The largest Romanian port operator: Legal assistance in respect of the potential legal implications arising from various types of state aid granted in 2005 and identifying potential risks arisen from breach of the legal obligations under which the state aid was granted.
Romanian film production company: legal assistance in drafting the initial proposal for a new state aid law to be enacted in Romania under which the Romanian cinema sector is eligible for various state aid incentives.
Romanian major shipbuilder: Legal assistance and advice (in cooperation with PwC) with the purpose of assessing whether the client is eligible under the state aid scheme in the form of state guarantees (through EximBank). The project involved working along client’s specialists, representatives and outside consultants.
State owned thermal power plant: legal advice and assistance in respect of assessing the risk of qualifying the contemplated increase of sharecapital as state aid and reducing such risk by applying the market economy investor principle.
Multinational mining company: Legal analysis based on applicable Romanian and EU state aid regulations and case-law on profit tax exemption that Rosia Montana Gold Corporation SA has benefited from in consideration of its investment in the Apuseni disadvantaged area, as well as advice in the modality of computation of the maximum intensity of the state aid in consideration of their investment. Assessment on the suitable strategy to be undertaken in order to convince the Romanian Competition Council and any other relevant authority of the state aid ceiling applicable for Rosia Montana Gold Corporation SA investment in Apuseni disadvantaged area.
Large multinational energy company: Legal advice and analysis on the legal treatment of incentives the company benefited from prior to, as well as after 1 January 2007, in light of the relevant state aid rules. Assessment on the possibility for new tax incentives to be granted to the client in the future, under the new state aid legal framework (i.e. applicable in Romania subsequent to Romania’s accession to the European Union). D&B David si Baias provided legal assistance throughout negotiations with the relevant Ministries, as well as with other competent Romanian authorities for the purposes of issuing a law for granting several tax exemptions in view of the investment to be performed.
Textile manufacturing company: Legal advice on the legal regime applicable to incentives granted in consideration of the contemplated investment and assistance eith the discussions with the Competition Council on the subject.