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Clifford Chance Badea and Stoica & Associates Successful for Orange Romania on EUR 13.5 Million Competition Fine

Clifford Chance Badea and Stoica & Associates Successful for Orange Romania on EUR 13.5 Million Competition Fine

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Clifford Chance Badea and Stoica & Associates have successfully represented Orange Romania before the High Court of Cassation and Justice in a dispute with Romania's Competition Council concerning a EUR 13.5 million fine it had issued the company in the investigation of an alleged abuse of dominant position.

According to the firms' joint statement, the case "involved an extremely interesting legal debate with several novelties about the emerging value-added services industry and its merging with the telecommunications industry. The Competition Council's decision to fine Orange Romania was announced in January 2019, following a three-year investigation – and concerned an alleged limitation of access for a value-added services aggregator to short numbers in the telecom operator's own network."

"After four years of litigation, the High Court of Cassation and Justice confirmed the decision handed down by the Bucharest Court of Appeal – namely the full annulment of the sanction imposed by the Romanian competition authority – after the High Court of Cassation and Justice had also ruled to suspend the enforcement of the competition authority's decision, in 2020," the firms reported.

"This jurisprudence, through its value of principle, will contribute to the orientation of the Competition Council's activity and to the strengthening of its role as guardian of the rules of the free market economy, based on private property," Clifford Chance Badea and Stoica & Associates announced.

The Orange Romania in-house team included General Counsel Milena Horvat and Corporate and Technology Legal Division Manager Andrei Brujan.

The Clifford Chance Badea team included Counsel Simona Neagu, Of Counsel Eleonora Udroiu, and Senior Associate Vicu Buzac.

The Stoica & Associates team included Founding Partner Valeriu Stoica, Senior Partner Dan-Rares Raducanu, and Senior Associate Constantin-Cosmin Pintilie.

Romanian Knowledge Partner

Țuca Zbârcea & Asociații is a full-service independent law firm, employing cross-disciplinary teams of lawyers, insolvency practitioners, tax consultants, IP counsellors, economists and staff members. It also operates a secondary law office in Cluj-Napoca (Romania), and has a ‘best-friend’ agreement with a leading law firm in the Republic of Moldova. In addition, thanks to the firm’s dedicated Foreign Desks, the team provides the full range of services to international investors seeking to gain a foothold or expand their existing operations in Romania. Since 2019, the firm and its tax arm are collaborating with Andersen Global in Romania.

Țuca Zbârcea & Asociaţii is providing legal services in every aspect of business, covering all major areas of practice: corporate and M&A; litigation and international arbitration; corporate tax; public procurement; TMT; employment; insurance; banking and finance; capital markets; competition; healthcare and pharmaceutical; energy and natural resources; environmental; intellectual property; real estate; regulatory legal services.

Țuca Zbârcea & Asociaţii is a First-Tier law firm in all international legal directories and a multiple award-winning law firm both locally and internationally. It received the CEE Deal of the Year Award (DOTY Awards 2021) and the Law Firm of the Year Award: Romania (IFLR Europe Awards 2021). 

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