Competition Consulting

Competition’s Consulting economic aspects of competition Home
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Our expertise in competition?More than 500 cases!

Vassily Kandinsky, a lawyer turned in an artist

FYI

Careers

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With a very experienced team of specialists, we are the only one non-lawyer company in Romanian market specialized solely in competition issues. Highly skilled in economic aspects of competition assignments, we delivery professional and concise reports, analyzes, and key advices which are easily accessible and ready to be put into practice by client team. We draw on our wide experience of competition arising from our background as former Romanian Competition Council practicians but also from our expertise gained over the years of private consultancy experience.Hundreds of cases in which we was involved covers all the competition issues and we will be happy to put our experience in your advantage.George MusliuManaging Partner
The largest fine in the history of the Romanian Competition Council:over 200 million Euros for collusion in oil market!
We are looking for dynamic, team-oriented and highly motivated professionals with excellent qualifications and professional in competition and/or econometrics matter expertise.
Our

Expertise

Assistance

Joint Team

Approach

Scope

COMPETITION’S CONSULTING aim is to protect clients interests helping them to avoid mistakes in doing business and if the case to demonstrate and convince competition authority and not to fight against in court. In this respect our most effective tool to protect our clients is competition management. According to the principle that says it's better to prevent than to treat, our clients benefit from the assistance needed to not get in a position to defend themselves in court with the costs of and, the most important, do not diminish the company's image, with consequences on stock prices.

Vassily Kandinsky, a lawyer turned in an artist

Areas

M & A

Collusion

Vertical restrains

Abuse of dominant position

Rigged bids

Dawn raid

Practice

Due to our economic and competition background we created high ability to deeply understand client specific needs and to offer tailored solutions as in: mergers and acquisitions by structuring of transaction in order to meet a.s.a.p. the Romanian Competition Council expectations,  set up of defense strategy in investigations for collusion, vertical restraints, abuse of dominant position,  rigged bids,post-unannounced inspection risk assessments and strategies to be followed up, in sectors including industry, banking, distribution, services, pharma, health care, tobacco products, energy, consumer goods and others.Due to our policy, clients’ names are not publicly disclosed. A significant clients list could be provided upon request.

Vassily Kandinsky, a lawyer turned in an artist

Sectors

Sectors

We covered almost all sectors of activity excepting those who are not represented on the Romanian market or maybe are not jet relevant for competition authority.Industryenergygaswoodmelaminate boardscementoil refiningstainless steelsiderurgycarschemicalsheavy industrypipes railwayGoodsnewspaperspharmafooddrinksdistributiontobaccosupermarketsfood industrypapergrainspackagingbeeroral careServicesinsurancebankingTV cablefluvial & maritime hospitalsdata systemstelecomhotelsmediatourism

Vassily Kandinsky, a lawyer turned in an artist

Economics

COMPETITION’S CONSULTING economics approach has been successfully used in many cases considered under competition law through Microeconomics.We draw a high efficiency on our approach also by: Sharp definition of relevant marketsIdentifying and measuring market powerIdentifying and assessing barriers to entryStudying pricing patternsAnalyzing competitive effectsQuantifying economic harm or damagesAssessing efficiencies

Vassily Kandinsky, a lawyer turned in an artist

Economic analisys of restrictions

Assessing of horizontal agreements

Parallel trade restrictions

For almost all industries, vertical agreements are necessary to define how companies distribute their products to consumers. Starting from this assessment, the necessity of detailed economic analysis is firmly assumed as key point for any legal assessment.In this respect, vertical agreements could contain commercial restraints but out of restriction of competition in the sense intended by Article 5, Law 21/1996 or 101 TFEU. Competition’s Consulting provides economic arguments to establish that vertical restraints are not violating the legal prohibition of competition law. From this perspective, we have strong experience in analysing the impact of restraints on competition.
Many horizontal agreements and related competition law infringements apparently fall under Article 5, Law 21/1996, 101 TFEU. But where a restriction of competition has been proven, it still is room to invoke a defense and to demonstrate that such agreements should be exempted. Microeconomics approach born valid economic questions as to demonstrate the benefits of such agreements. If, for example, the restrictive agreement lead to economic benefits, such as improvements in the production or distribution of products or the promotion of technical or economic progress, the restrictions are indispensable to the attainment of the efficiency gains, consumers receive a fair share of the resulting efficiency gains attained by those restrictions and the agreement offer the parties no possible elimination of competition, we just pass beyond the appearance and proved the benefits of such an agreement.
COMPETITION’S CONSULTING have the skills to assess the reality of an alleged of Parallel trade restriction and to act in the clients’ interest to prove that price differences across national markets could be also the result of other market distortions, out of undertakings control. Based on our experience, we are very familiarly especially with the pharmaceutical market.
Compliance
Competition's Consulting is probably the best in implementing Competition Compliance Programmes.Small, medium-sized or even in particular corporation, companies (‘undertakings’ in the legal jargon) should take seriously into account the new challenges of the European Commission and to ensure that sets out practical steps to avoid the dangers involved by ignoring of the law, and comply with EU competition rules.The professionalism and unique ability to understand the business from microeconomic and marketing perspective allow us to be highly successful in analyzing the specific circumstances of each case and to implement the best Compliance Programme tailored for each undertaking.The first step is of course competition audit that will allow a first assessment of the company's risk level from competition law perspective.Then, step by step, will be implemented other procedures of Compliance Programme that will drive the company into the "safe harbor".
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Why to comply?

Vassily Kandinsky, a lawyer turned in an artist

Competition Guidelines

Competition Training

Mock dawn raid

Liability under the competition law is often a matter of intent. Actions that are legal by themselves may be found illegal when accompanied by written or oral communications that reflect an intent to harm competition. Remember, under Art 101 of the TFEU (Art 5, Law 21/1996 in Romania) all agreements in restraint of trade are potentially illegal. Whether an agreement is "reasonable" (legal) or "unreasonable" (illegal) is a matter of interpretation. If an undertaking were ever investigated or sued, its antitrust defense could be seriously damaged by evidence that some of its employees intentionally or by mistake harm competition. Therefore, it is important that employees use common sense and good judgment in their internal and external communications. Communications can be oral (including discussions at meetings, informal conversation, voice/ mail messages, and speeches) or written (including letters, e-mail messages, personal notes, memos, etc.).Every word you write or speak will be open to review and potential misinterpretation in an antitrust investigation or during litigation. Our Competition Guidelines will help you understand these differences and how to avoid violating the competition law by mistake.
Our expertise can be accessed via face-to-face courses in several ways. You can select from our portfolio of existing courses or you can adapt an existing course so that it aligns with your expectations andrequirements.Our unique relationship with the business environment, combined with our economics and marketing knowledge, gives us an unrivalled interface with your interests in doing business in respect of competition rules.Our leading individuals are ideally to set-up and develop timely and appropriate the most efficient competition training.
Undertakings are legally obliged to submit to an inspection ordered by decision of the European Commission or Romanian Competition Council.The officials and other accompanying persons are empowered:a) to enter any premises, land and means of transport of undertakings andassociations of undertakings;b) to examine the books and other records related to the business, irrespective of the medium on which they are stored;c) to take or obtain in any form copies of or extracts from such books or records;d) to seal any business premises and books or records for the period and to the extent necessary for the inspection;e) to ask any representative or member of staff of the undertaking or associationof undertakings for explanations on facts or documents relating to the subject matter and purpose of the inspection and to record the answers.Our "first-aid kit" contains items that can make the difference and the mock dawn raid will be a "memorable" experience.
Testimonials

An authority on competition related issues

Led to a positive resolution of our case

“We have collaborated with Mr. George Musliu and the team he coordinates for a very important project for which we benefitted of professional and high-quality counseling, which led to a positive resolution of our case.Based on this productive working experience, I consider Competition’s Consulting a very reliable and trusted business partner, with the necessary expertise to tackle complex issues and support business development.” Cristian ColteanuPresident & CEO Romania, Bulgaria & Republic of Moldova, General Electric International
“We highly appreciated over years George Musliu’s expertise in the complex and sensitive area of Competition. He is one of the very few professionals in this field who transformed his work into a real passion. His institutional experience with the Competition Council was a solid platform for exploring beyond the borders and frames, becoming one of the leading voices, an authority on competition related issues. Our encounters with George were mostly in the public debate arena and the most remarkable I would mention is the long dispute generated in 2005-2006 by an initiative coming from the Ministry of Finance on introducing the minimum price for tobacco. George’s voluntary involvement and the solid arguments he brought, as well as his professional reputation contributed decisively in clarifying this issue. As a result, the right decision was taken for the industry and- why not? - for the country: maintaining the level playing field and fair competition within the European mainstream” Gilda LazarCorporate Affairs & Communications Director,JTI Romania & Moldova

Highly qualified professionals

Good in dealing with economic issues of competition

“I know Competition’s Consulting for many years and I truly believe that they are the best non-legal competition experts in the market, with highly qualified professionals, adaptable and business oriented.Their view is essential to companies and is unmatchable for competition compliance programs or tackling competition investigation. We have worked together for many of our clients’ competition issues, especially in pharma, and they never lost sight of our long range goals, even under periods of high stress. They provided high level support when required, and accomplished professional results. Competition’s Consulting is Point Public Affairs’ strategic partner in competition issues, with an unmatched experience and expertise in the field.” Laura FloreaManaging Partner, Point Public Affairs
“Competition’s Consulting is one of the premier antitrust firms. Excels in handling a full range of complex business issues and is especially good in dealing with the complex economic issues of competition law. C’sC is uniquely positioned to provide unparalleled approach by experienced specialists, and offer a special attention to detail and client communication within a small firm context on a more cost-effective basis than a big firm. The team is comprised of professionals with strong credentials which promote progressive thinking and creative problem-solving capable for sophisticated solutions in antitrust investigations.”Florina TanaseVice - President Legal A&D Pharma Group

Have helped us to improve the company's activity

In-depth knowledge of the economic and legal aspects of competition

“His dedication to our company's goals was remarkable, Mr. MUSLIU and his team getting actively involved in meeting deadlines and achieving, in an impeccable way, the undertaken professional tasks.Dynamically involved in large projects in the SC ROMCARBON SA, Competition’s Consulting people proven their application in economic aspects of competition. The achievement in a professional manner of all objectives, correct and complete analysis made, based on organizational objectives and concrete ways to achieve them, have helped us to improve the company's activity and to remove some real risks.We are really proud and privileged to work with them.”Clement HungPresident of SC ROMCARBON SA
“Competition's Consulting team has the great ability to understand the business environment in which their clients operate their constraints and their goals. Combined with an in-depth knowledge of the economic and legal aspects of competition, they are able to provide valuable service for their clients, offering pragmatically solutions to achieve the business purposes in full compliance with the applicable rules. They have also a particular strength, advising their clients not only how to comply with the competition rules, but also how to use the competition rules to develop the business.”Florian Aldea, PhDCEO, CARPATCEMENT HOLDING SA
Testimonials 2

Found the best solutions for our company

“For our business interests, competition law wouldn't have been sufficiently in terms of legal but especially from economics approach it was very important if not the most important.Competition’s Consulting proved us that it has the abilities to act both in legal and economic aspects and found the best solutions for our company.”Marius CostacheGeneral Manager, GreenWEEE International SA

Location

9, Brazilia Street, 1st District 011781, Bucharest

Contact

Phone/ Fax: +4 021 230 2144, e-mail office_competitions.ro

or direct:

Disclaimer

The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact us directly to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the official opinions of the Competition’s Consulting.

Vassily Kandinsky, a lawyer turned in an artist

FYI

The largest fine in the history of the Romanian Competition Council: over 200 million Euros for collusion in oil market

The Competition Council has sanctioned six oil companies with a total fine of lei 880.5 million (approx. Euro 205 million) for anti-competitive agreements. The sanctioned companies are the followings: • SC OMV Petrom SA, • SC OMV Petrom Marketing SRL, • SC Lukoil România SRL, • SC Rompetrol Downstream SRL, • SC Mol Petroleum Products SRL, • SC ENI Romania.Further to the investigation, the competition authority found that six companies have agreed to withdraw from the market the range of Eco Premium gasoline, thus the companies infringed both the Competition Law and the Treaty on the Functioning of the European Union (TFEU).“The Competition Law forbids any agreement that has as its object or as its effect the restriction, prevention or distortion of competition. We do not contest the company’s right to adjust its supply, but this must be done independently, not through an agreement with other companies.Irrespective of the size, all companies must comply with competition rules which are the same both in Romania and other European countries states” Mr. Bogdan Chiritoiu, President of the Competition Council.We recall that in 2009, the Competition Council carried out dawn raids at the premises of the main oil companies in Romania.In 2010, the Competition Council decided to extend the investigation to analyze the existence of a possible infringement of EU competition rules, respectively of Art.101 and Art. 102 of the Treaty on the Functioning of the European Union (TFEU).

Vassily Kandinsky, a lawyer turned in an artist

Romanian Competition Council Press Release

Careers

Joint to Us!

We are looking for dynamic, team-oriented and highly motivated professionals with excellent qualifications and professional in competition and/or econometrics matter expertise.All of our team are passionate about competition because it is part of our lives, not just our work.We provide our clients with valued services and this is based on our skills and our interactions with the key issues in competition matter.We are very pragmatic but also happy to be different when we combine deep analysis with well specific knowledge to produce practical and significant benefits to our clients.We work together because we are at our best when we are more than individuals.We develop and value long term client relationships.We excel in value creation by combining rigorous thinking with practical approaches to develop real value for the client.If you share our values and our commitment, you might be interested in joining us so, please do not hesitate to send your CV at office_competitions.ro!For any other question please feel free to contact us directly by this mail form:

Vassily Kandinsky, a lawyer turned in an artist

Approach

Approach

In the early 1990s the ratio of economists to lawyers in DG Competition was one to seven. Now it is roughly one to two.Given this new approach of increasing economic analysis done by competition authority, both at EU and national level, we are already able to use also the economic theories and econometric techniques in the interest of our clients.The unparalleled benefit of our clients when our lawyers defend them in court is a very strong and consistent support given by our skills in terms of economic aspects of competition.The shift from a formalistic rule based (per se) approach towards a more economic (effects based) approach that took real account of market circumstances put us in a very comfortable position due to our strengths in microeconomics.

Vassily Kandinsky, a lawyer turned in an artist

Expertise

We have strong expertise across a broad range of competition law settings, including mergers clearance, cartels and abuse investigations,regulation, bid riggings, and restrictive agreements cases. Apart from lawyers our team includes economists who are very skilled in competition also. Due to our practice exclusively in competition matters and also as former Romanian Competition Council practicians we have indeed a vast experience. Our expertise is about more than 500 cases in all areas:industries goodsservices

Vassily Kandinsky, a lawyer turned in an artist

Assistance
No Frame

Assistance

Marketing and sales of our clients are fully protected against competition law violation through our day-to-day assessment and recommendations.Assisting in how to conduct the business in respect with competition rules and practical solutions for any key question related to best and safest way to conclude contracts, how to maintain and develop relations with clients and suppliers. We use empirical evidence as common practice for market definition and market power assessment to avoid any mistake that could lead to the alleged of abuse of dominant position.We have also designed, implemented and monitored a significant number of "logical link control and adaptation protocol" (LLCAP) defining competition risks for different levels and key persons together with the rules to avoid it.

Vassily Kandinsky, a lawyer turned in an artist

Joint team
No Frame

Joint Team

Many times we also advise clients as part of an integrated team including just in-house lawyers or also external lawyers.Our level of involvement depends on the particularity of cases and client requirements.• Assessment of various risks by identifying the potential competition concerns and developing the economic strategy to avoid them;• Issuing of independent economic analyse as part of integrated team or as independent competition expert;• Assisting or representing client in meetings with the Romanian Competition Council, and sustaining the economic aspects of analysis.

Vassily Kandinsky, a lawyer turned in an artist

M&A

M & A

Due to our individuals experience, Competition’s Consulting has the big advantage to understand M&A from a unique perspective.Our clients benefit from a special expertise that optimizes the efficiency of the transactions during all stages:initial contactsterm sheet"hard work" periodcontract signingpre-closing periodclosingpost-closingOur deeply understanding of merger and acquisition philosophy and business mechanisms combined with our expertise allows us to run the client on the shortest way to M&A clearance.

Vassily Kandinsky, a lawyer turned in an artist

Next

Collusion

According to neoclassical price-determination theory and game theory, the independence of suppliers forces prices to their minimum, increasing efficiency and decreasing the price determining ability of each individual firm. In this picture sometimes the competition authorities are viewing some moving parts and start the investigations.Although at first glance things seem to be so, in absence of evidences, classical “smoking gun”, is difficult to conclude in this way and a methodical approach in terms of rule of reason can prove otherwise.Even some facts apparently fall under per se illegality rule, our people have enough experience to demonstrate the opposite.

Vassily Kandinsky, a lawyer turned in an artist

Vertical restrains
No Frame

Vertical restrains

Vertical restraints can take numerous forms, ranging from a requirement that dealers accept returns of a manufacturer’s product, to resale price maintenance agreements setting price that dealers can charge for the manufacturer’s product.For most vertical restraints, competition concerns can only arise if there is insufficient competition at one or more levels of trade, that is, if there is some degree of market power at the level of the supplier or the buyer or at both levels. Vertical restraints are generally less harmful than horizontal restraints and may provide substantial scope for efficiencies and this is what we can easily demonstrate through economic analysis approach.

Vassily Kandinsky, a lawyer turned in an artist

Abuse of dominant position
No Frame

Abuse

Abuse of dominant position is one of the most complex areas. If the market is defined too widely then it will contain more firms and substitutable products making a finding of a dominant position for one firm unlikely. Likewise if it is defined too narrowly then there will be a presumption that the defendant company will be found to be dominant. In practice, market definition belongs to economists, rather than lawyers to decide.So, first it is necessary to determine whether a firm is dominant, or whether it behaves to an appreciable extent independently of its competitors, customers and ultimately of its consumer. Our experts are fully prepared for cross examination under competition law and economics rules, to prove that a large market shares and strong attitude on the market do not rise automatically in an abuse of dominant position, which may be rebuttable.

Vassily Kandinsky, a lawyer turned in an artist

Rigged bids
No Frame

Rigged bids

It is true that Bid rigging almost always results in economic harm to the agency which is seeking the bids, and to the public, who ultimately bear the costs as taxpayers or consumers.The most known forms of Bid rigging:• Subcontract bid rigging, where some of the agree not to submit bids, or to submit cover bids that are intended not to be successful, on the condition that some parts of the successful bidder's contract will be subcontracted to them. In this way, they "share the spoils" among themselves;• Bid suppression, where some of the undertakings agree not to submit a bid so that another undertaking can successfully win the contract;• Complementary bidding, also known as cover bidding or courtesy bidding, where some of the bidders bid an amount knowing that it is too high or contains conditions that they know to be unacceptable to the agency calling for the bids;• Bid rotation, where the bidders take turns being the designated successful bidder, for example, each undertaking is designated to be the successful bidder on certain contracts, with undertakings designated to win other contracts. This is a form of market allocation, where the undertakings allocate or apportion markets, products, customers or geographic territories among themselves, so that each will get a "fair share" of the total business, without having to truly compete with the others for that business.Based on generally assumption and simply presence next to conspirators, for an undertaking it is really possible to become a “collateral” victim.To break up such allegations is difficult but Competition’s Consulting team has the necessary expertise to do it.

Vassily Kandinsky, a lawyer turned in an artist

Dawn raid

Unannounced inspections are just a preliminary step into suspected anticompetitive practices. The fact that a competition authority carries out an inspection does not mean that the company is guilty of anti-competitive behavior. But it is the right moment to set up a defense strategy taking into consideration all necessary details regarding the evidences. After many years of experience, we are able to believe that we can provide our clients the best strategies and solutions.

Vassily Kandinsky, a lawyer turned in an artist

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