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NNDKP obtains the annulment of the fine imposed by the Competition Council on a major food distributor

23 Mai 2023   |   BizLawyer

The case involved resolving multiple sensitive competition law and civil procedure law matters, as well as binding rulings of the Court of Justice of the European Union and the Constitutional Court.

Nestor Nestor Diculescu Kingston Petersen (NNDKP) successfully represented a major local food distributor in connection with the annulment of the contravention fine imposed by the Competition Council following an investigation initiated in 2009 for alleged anti-competitive agreements between several distributors and retailers operating in the domestic food sales market.

The court validated the arguments raised by NNDKP concerning the unlawfulness of the Competition Council’s decision. The case involved resolving multiple sensitive competition law and civil procedure law matters, as well as binding rulings of the Court of Justice of the European Union and the Constitutional Court.

The NNDKP team representing the client in this dispute was led by Sorina Olaru (Partner) and included Daniela Savin (Managing Associate) and Andreea Ciubotaru (Associate), from the Dispute Resolution practice, as well as Anca Diaconu (Partner), from the firm’s Competition, State Aid and EU law practice.

“We are very happy that the court's decision is favourable to our client. This reflects our perseverance in pursuing and proving the appropriate legal theses as well as the strength of our team's legal arguments and validates our client's commitment to comply with the applicable legal rules. The client's confidence in our ability to represent the company in a complex dispute in such an important industry was matched by the constant and tireless efforts of the colleagues who contributed to the success of the case, whom I thank and congratulate once again”, declared Sorina Olaru, NNDKP Partner.

NNDKP’s Dispute Resolution practice is one of the strongest in Romania in the field of litigation, arbitration, and other dispute resolution procedures. As a confirmation of its leading market status, the firm has always achieved high rankings in reputable international legal directories such as Chambers & Partners and Legal 500.

NNDKP has “an outstanding litigation team that always delivers top-quality services. Their team includes extremely experienced senior lawyers and talented and enthusiastic younger lawyers, bringing a substantial force and fresh approach to any case."
(Chambers and Partners)

Nestor Nestor Diculescu Kingston Petersen is a promoter of business law in Romania with more than 30 years of experience, independently acknowledged as a pioneer of the Romanian legal market. NNDKP offers full-service and integrated legal and tax advice to companies from diverse industry sectors. For the past three decades, NNDKP lawyers have provided expertise in landmark deals and projects in Romania, contributing to the evolution of the Romanian business environment, including in innovative and niche economic sectors that involved both international corporations and local entrepreneurs.
NNDKP represents Romania in some of the most prestigious international professional alliances - Lex Mundi, World Services Group, International Attorneys Club - and is a founding member of SEE Legal. The firm is constantly top ranked in all practice areas by the renowned international guides Chambers & Partners, Legal500 and IFLR 1000.
NNDKP is a 6-time winner of the much-coveted “Romania Law Firm of the Year” award at the Chambers Europe Awards gala, in 2022, 2021, 2017, 2013, 2012 and 2009.
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