Schoenherr Romania Successful in Competition Litigation for Covalact

Schoenherr Romania Successful in Competition Litigation for Covalact

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Schoenherr Romania has helped dairy producer Covalact SA annul a competition fine in litigation proceedings.

According to Schoenherr, "in 2015, following an investigation conducted by the Romanian competition authority into the Romanian retail market, four retailers and their suppliers (including Covalact) were sanctioned with fines in amount of EUR 35 million for alleged breach of competition rules for resale price fixing. Covalact challenged the sanctioning decision and won the case both before the Bucharest Court of Appeals and recently before Romania's supreme court, the High Court of Cassation and Justice."

"The litigation involved complex aspects both on the merits," Schoenherr reported, "in view of the applicable competition and EU laws, and on a procedural level. In this case, the competition authority filed for preliminary ruling proceedings to be initiated with the Court of Justice of the European Union, but the claim was rejected based on the substantive arguments put forward by [the] Schoenherr Romania team."

The Schoenherr team was led by Partner Georgiana Badescu and included Managing Attorney at Law Iustin Armasu and Senior Attorneys at Law Nora Olah and Mona Banu.