Competition

Lawyers in Cluj specialized in competition and antitrust:

It is necessary to be aware of competition regulations and what is imposed by the Competition Council to avoid sanctions for anti-competitive practices.

The importance of complying with competition rules stems both from the very large fines that the Romanian Competition Council and the European Commission may apply upon companies for antitrust infringements and from the high percentage of court decisions in favor of the competition authority in case the sanctioning decisions are challenged.

Failure to comply with competition regulations regarding economic activities in the Romanian market can result in serious sanctions. The Competition Council imposes fines on companies with anti-competitive behavior, in amounts reaching up to 10% of the turnover.

In addition, if such sanctioning decisions are challenged in court, over 90% of cases are irrevocably settled in favor of the Competition Council by not annulling the sanction, and in over 60% of cases, the fines are entirely kept.

Certain contractual arrangements involve a high risk of non-compliance with the competition rules, such as exchange of sensitive commercial information or, in case of vertical agreements between undertakings, exclusive supply or purchase agreements, selective distribution, franchising, or other mechanisms that involve rebate schemes. At Brisc Legal, we may offer you a competition audit of contracts and of the activity and behavior of the company to prevent anti-competitive behavior.

Benefit from our assistance in the following contexts:

  • Development of training programs regarding the knowledge of competition rules within the company.
  • Support in complying with competition rules in the case of sensitive commercial information exchange systems.
  • Assistance in complying with competition rules in vertical relationships between companies.

Horațiu Brisc, lawyer specialized in competition

In cases involving the intervention of the Competition Council, our expertise as competition specialized lawyers includes:

  • Assistance and representation in front of the Competition Council during an unannounced inspection or in the case of an investigation
  • Representation in front of competent courts to annul sanction decisions or reduce the amount of the imposed fine.
  • Assistance in obtaining economic concentration authorization from the Competition Council.
  • Support regarding aspects related to unfair competition (diverting customers by former representatives or employees of the company, denigration of a competitor or its products/services, unfair marketing practices, disclosure or use of trade secrets).

The legal assistance provided by Brisc Legal Cluj in the field of competition also extends to obtaining damages following violations of national or EU competition rules.

Discover our relevant expertise in the field of competition law:

  • Our assistance determined the initiation of a Competition Council investigation against the authority operating on of the largest airports in Romania for refusal to supply access to essential facilities in the ground-handling industry under art. 6 of the Competition Law.
  • Assisted a global player in the production and distribution of tile floors for obtaining the merger clearance from the Competition Council in respect of the concentration resulted following the acquisition of an undertaking from the ceramic tiles industry.

Choose the Brisc Legal team of lawyers from Cluj-Napoca for solving your legal problem.

14-16, Dorobantilor street
Cluj City Center
2nd floor, room 210
400121, Cluj-Napoca