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Our Competition team provides sound legal advice and representation on antitrust matters that originate/may originate from ongoing transactions and structures, as well as on matters resulting from the companies’ activity on the relevant market. Mocanu si Asociatii’s Competition practice covers all areas of antitrust and competition law, including sector regulation and market investigations, merger control, State aid, abuse of dominance, antitrust disputes. Our expertise covers the following:
? Preparing and filing the notifications of economic concentration and assisting the clients in getting the merger clearance
? Legal assistance during the investigation initiated by the Competition Council/European Commission (including down-raids) and preparing the strategies for approaching such procedures targeting economic concentrations, abuse of dominant position, cartels, vertical agreements, state aid
? Obtaining the clearance for various competitive practices
? Preparing the documents required to benefit from state aid measures (mainly for rescue, restructuring, regional investment) and fulfilment of the formalities/specific procedures for the approval thereof
? Preparing the legal component of the Private Investor Test in the market economy (legal component)
? Analysis of the state aid regulations, drafting legal opinions and analysis of the possible avenues for implementing the transactions according to the anti-trust (state aid) legal framework
? Legal advice on matters pertaining to the prevention of unfair competition.
Back to Practice Areas »Advising one of the largest Romanian companies operating in the coal mining and energy production throughout the privatization of certain of its strategic assets by way of implementing green field/brown field investment project – i.e. the setting up of an IPP joint-venture (Independent Power Producer) for building a power group
Advising and representing a bank in Romania affiliated to an important Greek financial group in connection with its day-to-day activities
Advising and representing an important general contracting company from Middle East in connection with its participation in the privatization process of the largest Romanian manufacturer of power transformers and rotating electrical machines (listed company) and carrying out all activities for closing the acquisition of the majority shareholding in the privatized company, the transaction value being of approximately EUR 90mn; providing legal advice and representation in the post-privatization phase in connection with the day-to-day activities of the privatized company (i.e. share capital increases and decreases, participating in joint-ventures, creating encumbrances, post-privatization assistance), including in connection with the restructuring of the privatized company (drafting the reorganization plan; providing legal advice and representation in the relationship with the labor unions; advising on the outsourcing and/or the divestiture of certain activities performed by the privatized company, including for drafting and negotiation the transaction documents; providing legal advice in connection with the procedures aimed at settling the arrears of the privatized company and in connection with the litigations brought by the National Agency for Fiscal Administration)
Advising and representing a local distributor of pharmaceutical products before the Bucharest Court of Appeal and the High Court of Cassation and Justice in a litigation regarding the annulment of a decision issued by the Competition Council
Advising the Romanian subsidiary of one of the leading international manufacturers of bakery and frozen bakery products in overseeing its compliance with obligations undertaken in relation with the Competition Council
Advising and representing the largest Romanian cigarettes manufacturer in litigations regarding the state aid granted on the occasion of privatization and involving claims of over RON 1bn
Advising and representing one of the most important banks in Romania, member of the largest Italian financial group, in notifying to the Competition Council and obtaining the merger clearance for the acquisition of a corporate banking business amounting over EUR 500mn
Advising the largest Romanian producer of thermal energy in connection with its restructuring and reorganization through a spin-off, out of which two new companies have been incorporated, including advisory on all competition matters pertaining to the spin-off and representation before any court of law in disputes arising from the spin-off
Advising an important Romanian company operating in the coal mining and energy production throughout the privatization of certain of its strategic assets by way of implementing green field/brown field investment projects – i.e. the setting up of an IPP joint-venture (Independent Power Producer) for building a combined-cycle power plant and a micro hydropower plant
Advising and representing an important Romanian producer of fluid pipelines and related technological facilities before the Bucharest Court of Appeal and the High Court of Cassation and Justice in a litigation regarding the annulment of a decision issued by the Competition Council
Advising and representing one of the largest retailers in Romania, a company affiliated to the second-biggest operator in the European cash & carry and wholesale supplies sector, in connection with an investigation initiated by the Competition Council, as well as in connection with its day-to-day activities
Advising a local research institute in the field of railway engineering and constructions in connection with its day-to-day activities, including in connection with all forms of share capital increases (in-kind, in cash, by compensation of receivables, in all cases new shares being issued and preemption rights being exercised), and in connection with all post-privatization related matters
Advising a leading private rail freight transport company in connection with its participation in the privatization process of the largest Romanian rail freight carrier, including by conducting the legal due diligence investigation, providing legal advice throughout the negotiation and signing of the transaction documents, and drafting the documentation pertaining to the notification of the contemplated transaction to the Competition Council
Advising the largest producer and supplier of natural gas in Romania in connection with the notification of the economic concentration deriving from the acquisition of certain assets belonging to the largest Romanian producer of thermal energy
Advising one of the largest Romanian operators in the fields of distribution, sourcing and other energy-related services, and its appointed financial adviser in structuring and executing the sale of shareholdings in companies resulting from the reorganization of former affiliated companies having been privatized
Advising the leading frozen and chilled food products distributor on the Romanian market in restructuring the group of companies by executing approximately 50 mergers between over 200 companies, as well as 18 spin-offs involving over 30 companies, including by providing legal advice in notifying to the Competition Council the subsequent economic concentrations and obtaining the merger clearance pertaining to the aforementioned restructuring transactions
Advising and representing the Romanian subsidiary of an important Israel based, multinational group operating in the engineering and construction fields on its merger with two water supply and sewerage companies, including by providing legal advice in notifying to the Competition Council the subsequent economic concentrations and obtaining the merger clearance, as well as by providing legal advice and representation in connection with the day-to-day activities of the client
Advising the largest Romanian producer of thermal energy in connection with its day-to-day activities, including in connection with the execution of complex transactions such as: the privatization of certain strategic assets by way of implementing green field/brown field investment projects (the setting up of an IPP joint-venture – Independent Power Producer), the dissolution and liquidation of a project company and the giving in payment of certain assets
Advising an important Romanian company operating in the coal mining and energy production in connection with a merger between two entities operating in the same field, a restructuring operation aimed at preparing the company for privatization, and in connection with the acquisition within a merger (involving the increase of the share capital by issuance of new shares subscribed both in cash and in-kind) of certain viable assets, including legal advice and representation in notifying the economic concentration to the Competition Council and obtaining the merger clearance
Advising one of the largest Romanian companies operating in the coal mining and energy production in connection with a merger between four entities operating in the same field, a restructuring operation aimed at preparing the company for privatization
Advising and representing an important Indian supplier of engineering services in connection with the transfer of shares issued by its Romanian affiliated company
Advising a Romanian manufacturer and distributor of medicines and cosmetics, as well as its shareholders, in connection with their the acquisition of 50% shareholding and common control in a company operating a chain of pharmacies
Advising and representing an important Romanian producer of fluid pipelines and related technological facilities throughout an investigation procedure initiated by the Competition Council
Advising and representing a governmental authority in preparing for privatization and executing the privatization strategy for the largest company in the mining and processing of the copper ore, including by conducting the legal due diligence investigation, drafting the presentation file and the sale-purchase agreement, assessing the potential state aide elements pertaining to the privatization, and assisting the client during the negotiations with the potential investors of the transaction documents
Advising and representing the largest Romanian supplier of bulk raw materials handling services (loading, unloading and storage) in the Black Sea area, in drafting and making a complaint, alleging abuse of dominance on the shipping market, against the Romanian affiliate of the world‘s leading integrated steel and mining company
Advising a consortium of investors in connection with its participation to the privatization procedure of a local research institute in the field of railway engineering and constructions and performing all activities for closing the acquisition by the client of the majority shareholding in the privatized company, including legal advice and representation in notifying the economic concentration to the Competition Council and obtaining the merger clearance; legal advisory and representation in the post-privatization phase
Advising and representing a major Romanian producer in the chemical industry in Central and Eastern Europe, in connection with its day-to-day activities, including in connection with complex transactions and matters such as: the acquisition of certain assets from the most prominent oil and gas integrated company in South East Europe in an asset deal amounting to EUR 13mn; obtaining state aid clearance from the European Commission; disputes with minority shareholders
Advising the Romanian salt mining and processing company in connection with its day-to-day activities, including in connection with complex transactions (i.e. preparing the company for privatization-restructuring-reorganization, the execution of asset deals)
Advising and representing in important Romanian processor and distributor of meat and meat products throughout the procedure of assessing its compliance with the conditions set forth in the notification of the economic concentration arising out of the acquisition of a minority shareholding in a shopping center
Advising the Romanian State in updating the privatization strategy for the largest rail freight transport company in Romania, under terms and conditions aimed at diminishing the incidence of state aid legislation, and at securing the compliance by the Romanian Government with its undertakings before the international financial institutions
Advising the owner of the leading online gaming brands worldwide in notifying to the Competition Council and obtaining the merger clearance for the economic concentration arising out of EUR 2.8bn cross-border merger with another international entertainment company
Advising the leading frozen and chilled food products distributor on the Romanian market in drafting, negotiating and signing the transaction documentation pertaining to the setting up, together with the leading bakery company in Belgium, of a joint-venture company for the implementation of a green field investment amounting in its incipient phase over EUR 17mn
Advising a privately-owned company operating in the energy field on its acquisition in a public tender of 100% shareholding in a local producer and distributor of thermal energy, including by advising the client in negotiating the transaction documents and closing the transaction, and assisting the client in obtaining the clearance of a state aid for the restructuring of the privatized company
Advising and representing a leading international manufacturer of stainless steel long products in connection with its participation to the privatization procedure of a listed Romanian company operating in the same field, by way of transferring the shares sale-purchase agreement in a novation transaction, including the performance of the legal due diligence investigation, assistance in negotiating the transaction documents and closing the acquisition of the majority shareholding in the privatized company in a transaction amounting to EUR 30mn, assistance in obtaining the clearance for certain tax concessions and in obtaining the merger clearance; assistance in the post-privatization phase
Advising and representing a consortium of investors in connection with its participation to the privatization procedure of an important manufacturer of engines and turbines (listed company), including by conducting the legal due diligence investigation, assisting the client in negotiating and signing the transaction documents, assisting the client in obtaining the merger clearance and in closing the acquisition of the majority shareholding in the privatized company, the transaction value amounting to EUR 50mn; assisting and representing the client in connection with the restructuring of the privatized company (for instance, the transfer of activities and assets to affiliated entities through spin-off operations; the transfer of certain assets; the increase and the decrease of the share capital; contracting bank loans; entering in joint-ventures for performing new activities)
Advising and representing an important Romanian distributor of pharmaceuticals throughout its merger, as absorbing company, with three other pharmaceuticals distributors, both closed and publicly-held companies, including in preparation of the merger, in drafting the merger project and all corporate deeds, and in notifying the economic concentration to the Competition Council and in obtaining the merger clearance
Advising the largest producer and supplier of natural gas in Romania on various state aid matters pertaining to commercial transactions conducted by the client
Advising an important state-owned company operating in the field of electric and thermal power generation on various competition related matters (i.e. state aid, economic concentration, coordination of competitive behavior) impacting the setting up of a joint-venture company
Advising the largest Romanian rail freight carrier on the setting up of a joint-venture company, including by assisting the client in negotiating the joint-venture documentation and in assessing the competition related matters pertaining to the incorporation of the joint-venture
Advising the Romanian State in preparing the privatization strategy for the largest rail freight transport company in Romania, including by preparing the legal due diligence report and by assisting the client throughout the consultation and clearance procedures conducted with the European Commission in connection with the proposed privatization avenues
Advising a governmental authority on implementing the privatization strategy for an important Romanian manufacturer of pharmaceuticals, the transaction value being estimated at that time at over EUR 90mn
Advising an important Romanian company operating in the welding and machinery construction field in obtaining the state aid clearance for closing and restructuring certain of its production facilities in furtherance to the completion of the privatization
Advising the leading Hungarian manufacturer of fertilizers and nitrogenous products in connection with its participation to the privatization procedure of the companies resulting from the de-merger of Romanian chemical company
Advising and representing an important Italian manufacturer of pumps and compressors in connection with its participation to the privatization procedure of the Romanian manufacturer of centrifugal and coaxial pumps ranking among the leading European players in its field, including by conducting the legal due diligence investigation, assisting the client in negotiating the transaction documentation and in closing the acquisition of the majority shareholding in the privatized company
Advising the employees association of an important machinery constructions company in Romania in connection with its participation to the privatization procedure of the company, including by conducting the legal due diligence investigation, assisting the client in negotiating the transaction documentation and in closing the acquisition of the majority shareholding in the privatized company, advising in obtaining the state aid clearance for the restructuring of the privatized company and of the merger clearance, assistance in the post-privatization phase
Advising the leading supplier of electricity and ancillary services on the Romanian energy market in connection with the privatization of certain of its assets
Advising a leading European steel and special alloys manufacturer in connection with its participation to the privatization of the Romanian manufacturer of drawn wire and hot dip galvanize wire ranking as leading industry player in Eastern Europe, including by conducting the legal due diligence investigation, assisting the client in negotiating the transaction documentation and in closing the acquisition of the majority shareholding in the privatized company, the transaction value amounting up to EUR 50mn, advising in obtaining the state aid clearance for the restructuring of the privatized company and of the merger clearance, assistance in the post-privatization phase