Răzvan Pele LL.M
CounselRăzvan Pele has over 15 years of dedicated experience in all areas of competition law, having assisted top tier clients in various industries such as media, telecom, pharmaceuticals, energy, FMCG, printing, firearms, chemicals and rolling stock, among others.
He has garnered significant experience in investigations undertaken by the competition authority, having provided legal assistance and representation from the moment of the dawn-raid, continuing with the forensic inspections of data, and continuing throughout the entire investigative process. Also, he has assisted such clients in contentious matters against the Competition Council before Romanian courts in both annulment and suspension cases.
Razvan has developed particular skills in devising and implementing tailored compliance programs, trainings and mock-dawn-raids for clients in the pharma, forestry, home appliances and financial services fields. In terms of mergers, Razvan Pele has provided assistance and representation in connection with some of the most high-profile cases cleared by the Romanian Competition Council in sectors such as pharmaceuticals, wood processing, spare parts for motor vehicles, brewing, FMCG, chemicals etc., including in two high-profile privatization procedures undertaken in the last decade. He has also provided tailored consultancy services for clients involved in various distribution schemes applicable in Romania and also on franchises entered into by some of the largest luxury brands to players on the Romanian market. Razvan has been involved in the successful defense of a Romanian municipality before the European Commission in a State-aid related complaint filed by the operator of a skiing facility, has provided assistance in respect of State Aid matters connected to privatizations and in contentious State Aid matters raised before the European Commission.
EXPERIENCE
- Advising a car manufacturer in an investigation extended in April 2019 to cover two companies. The initial investigation concerned a substantial part of the client's authorized network of repairers, as cartel allegations were brought against it concerning the relationship between the members of the association and insurance companies. Our representation services cover both legal assistance in the day-to-day aspects of the investigation, but also representation before Romania’s highest courts (the Supreme Court of Justice and the Bucharest Court of Appeals) in several legal privilege-related claims.
- Providing legal assistance to the distribution entity of an energy group in Romania in an investigation carried out by the Romanian competition authority into an alleged abuse of dominant position on the market for technical revision and inspection services for consumer natural gas installations, in connection to which services the Client is alleged to have granted preference to a group entity and thus of having excluded this undertaking’s direct competitors on said market.
- Assisting an international manufacturer of branded chocolate and confectionery products during its negotiations with important international key accounts, including the drafting of the contractual documentation and the alignment of the contractual documentation with the client's own commercial terms, in particular in the context of the amendment of the Romanian food trade legislation. We also assisted the client with competition law compliance programmes tailored to the client's business.
- Assisting a key international manufacturers of consumer healthcare products in relation to outsourcing its distribution activity in Romania to an exclusive distributor. We have supported the client in the overhaul of its commercial policy in Romania in order to ensure competition law compliance and we regularly advise on interactions with commercial partners and regulators.
- Providing strategic advice to a leasing company in the investigation of the Romanian Competition Council on the financial leasing and consumer credit markets in Romania, leading to a reduced level of the fine applied versus the initial proposal of the case team in the first investigation report. We are also representing the client in the litigation against the fine applied by the RCC.
- Assisting a global healthcare company in relation to the restructuring its entire distribution model including: (i) organizing a tender for the selection of the distributors for the entire Novartis portfolio; (ii) assess/ validation from a legal standpoint of the selection criteria; (iii) preparing the tender documents; (iv) communication with the distributors in the context of the tender procedure; (v) evaluation of the offers; (vi) preparing the draft distribution agreement and negotiation of the agreement with the selected distributors.
- Advising a global, research and development-driven pharmaceutical company with respect to an investigation of the Romanian Competition Council for an alleged cartel of producers of immunoglobulin suspected to have adopted a coordinated strategy for limiting and disrupting the supply of immunoglobulin on the Romanian market. We are also advising the client on sophisticated projects aimed at improving availability of medicines for patient needs (such as launch on the Romanian market of a new immunoglobulin product) and relationship with distributors as well as competition compliance trainings focused on the most sensitive and relevant topics for the the client's leadership team.
- Advising a Romanian based company with successful civil engineering and construction projects in an investigation procedure launched by the Romanian Competition Council in respect of bid rigging allegation concerning the procurement procedure launched by the Ministry of Interior Affairs.
- Acting as legal counsel for the largest commercial (and offices) real estate developer on the Romanian market in day to day competition law issues in connection with the COVID-19 pandemic and potential contentious situation arising therefrom. Acting as legal counsel in relation to the procedures before the Romanian Competition Council, the European Commission, the President of Romania and the Romanian Parliament in connection with the State Aid measure and the efforts to have it reversed.
- Assisting a company's that specializes in collecting and disposing regulated substances Romanian subsidiary on the sector inquiry carried out by the Romanian Competition Council in relation to medical waste, by preparing the responses and documentation required by the competition authority from the client as medical waste services provider and advising on the strategy for bringing forward the issues identified by the client in relation to medical waste, in particular from perspective of regulations and implementation thereof by various public authorities.
- Romanian
- English
- French
- University of Bucharest, Law School, Post-Graduate Diploma in Civil and Civil Procedure Law, 2013
- "Nicolae Titulescu" University, Law School, LL.M in Law, 2010
- Western University in Timişoara, Faculty of Law, LL.B in Law, 2007
Awards
- Recommended Lawyer – Legal 500, 2021
Seminars
- Competition law in 2020 and beyond, February 2021
Prior Experience
- February 2020 – to date: DLA Piper, Senior Associate
- July 2019 – January 2020: local law firm, Managing Associate
- November 2018 – June 2019: local law firm, Managing Associate
- June 2018 – November 2018: local law firm, Partner
- March 2008 – June 2018: local law firm, Managing Associate
- September 2007 – February 2008: local law firm, Paralegal
Memberships And Affiliations
- Member of the Romanian Bar Association
