“A traditionally good competition practice.” – Chambers Europe
“Key partners include the versatile Bruno Leroy , who regularly assists with related corporate, competition, regulatory and real estate issues.” – Legal 500
Competition, Distribution and Consumer Law is along standing practice of Leroy şi Asociaţii. Our team brings a wealth of experience and knowledge, advising international and Romanian clients on various business sectors and also representing them before the Romanian and European competition authorities and courts. The Leroy şi Asociaţii team regularly works with European authorities on cross-border cases.
Antitrust
- Our lawyers assist in relation to practices, behaviours and situations that may fall under the scope of competition regulations.
- We advise market leaders on the specific difficulties that they may face with regard to the rules prohibiting abuses of dominant position.
- We advise clients on the implementation of Compliance – Risk Management Programs tailored to each company’s specific requirements.
Merger control
- Our team assists clients with applying for clearance from the Romanian Competition Council, for those transactions involving concentrations of undertakings or the creation of joint venture companies. We work alongside undertakings at the various stages of the notification procedure.
Distribution
- Our lawyers advise on the creation, implementation and monitoring of various forms of integrated distribution networks, such as franchise networks, selective and/or exclusive distribution networks in various business sectors.
- We assist both with the drafting of agreements and with any legal disputes that may arise between suppliers and distributors.
Consumer law and commercial practices
- Our team has acquired an in-depth knowledge of consumer protection regulations and frequently assists companies in connection with the legal regime of guarantees, defective products and the regulations on advertising and labelling.
Representative highlights:
- Advising a major international player in the dairy industry on the notification to the Romanian Competition Council of the concentration resulting from the acquisition of one of the most important Romanian manufacturers of dairy products.
- Advising one of the Romanian subsidiaries of a major Eastern European energy group in relation to the notification to the Romanian competition authority of the partial takeover of the natural gas supply activity carried out by another local operator.
- Advising our client in relation to the direct acquisition of a Romanian leader on the market of refrigeration systems and its wholly owned subsidiaries specializing in installation activities for refrigeration systems on the Romanian market and in refrigeration systems on Bulgarian market. We provided the entire spectrum of the transaction legal assistance, which included a complex legal due diligence of the Romanian targets, coordination of the Bulgarian and Ukrainian legal advisors with regard to the due diligence of the target’s subsidiaries, drafting and negotiation of the acquisition documents and other closing actions.
- Asisting a leading FMCG company in Turkey, with a tradition over 55 years in the confectionary business and a presence in over 40 countries worldwide, client in relation to all legal matters of its distribution system in Romania and in other EU countries, including with drafting complex distribution agreements and related addenda, drafting termination notices in relation to such, legal due diligence over the distribution system, legal memoranda on the exchange of sensitive information).
- Advising our client, a French manufacturing corporation best known for making disposable consumer products, in relation to all legal matters of the procedure of withdrawing certain products from the Romanian market. This project occurred in the context of the group’s decision to withdraw the same products in various other EU jurisdictions. The entire process was envisaged to be coordinated through the consumer protection authority in France.
- Advising our client, a French player in the Drugs and Druggists’ Sundries Merchant Wholesalers industry, in relation to all legal matters of its distribution system, including with drafting and reviewing complex distribution agreements and related addenda, preparing legal memoranda on the exchange of sensitive information.
- Advising our client, a worldwide leading manufacturer of metal casting solutions for the ferrous and non-ferrous foundry industries, on all legal matters in connection to the sale of its majority stake held in a Romanian company specialized in counselling, design, manufacture, installing, maintenance and service for the partition of industrial spaces.
- Assisting our client, part of the largest French banking group, in connection with the restructuring of its cooperation with one of its commercial partners in Romania. Our assistance included inter alia drafting, reviewing and negotiating a commercial cooperation agreement relating to the intermediation of the client’s financial products.
- Advising on and handling numerous notification files before the Romanian Competition Council of major acquisition operations such as:
- the acquisition of its distributor in Romania by the local subsidiary of a France-based group, present in the sectors of cosmetics, textile-clothing, household and nutrition products, for the purpose of obtaining authorisation of the transaction by the competition authority;
- the partial takeover of the natural gas supply activity carried out by another local operator, by one of the Romanian subsidiaries of a major Eastern European – energy group;- the acquisition, by an international group active in the dairy products’ sector, of a leading Romanian manufacturer of dairy products;
- the acquisition, by an important French retailer, of a chain of hypermarkets in Romania;
- the acquisition, by the Romanian subsidiary of a major international energy player, of direct sole control over certain assets from a key player in the Romanian bitumen industry;
- the acquisition, by a leading French group in the vegetable oil and protein industry of a brand and other assets of an international provider of food and agricultural products and services;
- the acquisition, by a leading European company in the distribution of luxury beauty products of direct sole control over its Greek subsidiary and indirectly over its Romanian subsidiary;
- the acquisition, by a leading French insurance company, of a major Romanian insurance company.
- Advising one of the largest international telecom operators and a prominent international insurance company with the merger control proceedings in Romania relating to the acquisition of the joint control, by the telecom operator and the insurance company, over a French company active in the banking sector.
- Advising the Romanian subsidiary of a France-based group in the sectors of cosmetics, textile-clothing, household and nutrition products in connection with the notification before the Romanian Competition Council of the acquisition of its distributor in Romania, for the purpose of obtaining authorisation of the transaction by the competition authority.
- Representing a major Romanian company in the energy sector during an investigation carried out by the European Commission – The Directorate General for Competition.
- Advising a leading French retailer in relation to the notification to the Romanian Competition Council of the concentration resulting from the acquisition of a chain of hypermarkets in Romania.
- Carrying out a competition law compliance program within two Romanian subsidiaries of a major group in the oil and energy sector.
- Advising several car manufacturers in connection with the organisation and restructuring of their distribution networks.
- Representing a leading worldwide group in the sector of luxury products before the Romanian courts, in relation to issues pertaining to the legal and commercial guarantees associated to the sale of consumer goods.
