Competition/Antitrust

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Competition/Antitrust

After accession Romanian market has become a component of the single European market and the business players activating into Romania have to observe the competition rules applicable in the European Union. Serban & Serban Law Firm offers legal advice on the application of antitrust/competition laws in various national and international transactions (mergers, acquisitions, joint ventures etc).

Serban & Serban Law Firm has advised on anticompetitive agreements such as:

  • • price fixing;
  • •market partition between competitors, by allocating customers, categories of products/services or territories;
  • • agreements on the level of investments or on production quotas;
  • • common negotiations, common sale or purchasing;
  • • common boycott;
  • • bid rigging, etc.

Serban & Serban Law Firm assisted our clients to obtain individual and block exemptions of their agreements in front of the Romanian Competition Council.

Serban & Serban Law Firm advised our clients on abuse of dominant position issues such as:

  • • imposing excessive or discriminatory prices or conditions;
  • • limiting production or technical development;
  • • refusal to deal with certain suppliers or clients;
  • • tied sales, etc.

Serban & Serban assisted clients in order to obtain merger control clearances from the Romanian Competition Council. Serban & Serban Law Firm also advised our clients on investigations with the Romanian Competition Council and dawn raids performed by the authority.

According to the Competition Law no. 21/1996, breaches of the legal provisions regarding the anticompetitive practices, are sanctioned as follows:

Healthcare, Pharmaceutical Law and Medical Devices Law

Serban & Serban offers legal advice on the application of healthcare and Pharmaceutical law, especially regarding the warehouses and distributions of the pharmaceuticals, OTC, non- pharmaceuticals products, cosmetics products and medical devices.

Our lawyers are specialized in drafting and negotiating the specific healthcare and pharmaceuticals contracts, such as: pharmaceuticals exclusive distribution agreements, consignment stock agreements, warehouse agreements, purchasing contracts, supply contracts with public hospitals and pharmacies, agent’s contracts, advertising contracts, etc.

Serban & Serban provides legal advices regarding the interpretation of the Romanian healthcare, pharmaceuticals and medical devices legal provisions such as: pharmaceutical’s marketing campaigns, private hospital’s organization and functioning, medical devices distribution.

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