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Andrei Gongea LL.B.

Associate
About

Andrei is a competition and regulatory lawyer and has been involved in various competition law, telecommunications law, FMCG and life sciences matters.

In terms of competition projects, he has provided assistance in a number of complex competition investigations concerning alleged vertical and horizontal competition breaches, merger control notifications, competition compliance programs and trainings and other specific advice tailored to a variety of clients.

From a regulatory standpoint, he has been involved in numerous projects concerning:

  • Telecommunications law – matters related to streaming platforms, content delivery networks, allocation of phone numbers, MVNO, fixed and mobile telecommunications services issues, authorisation processes and other such matters.
  • FMCG – matters related to product warranty, recalls, price display and procedures in front of the competent authorities.
  • Life Sciences – matters related to distribution of medicines, pricing, transparency, clawback tax, sponsorships.

EXPERIENCE

  • Assisting a Romanian association of self-care industry on the full array of antitrust matters, including by advising on potential competition-related risks in the context of interactions between competitors, by supporting the client in drafting clear internal policies regulating the activities of the association and by regularly attending all board meetings and general assemblies.
  • Advising a leasing services provider 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.
  • Assisting a global healthcare company based in Switzerland in relation to the restructuring of its entire distribution model including: (i) organizing a tender for the selection of the distributors for the client's entire 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.
  • Assisting an Italian multinational 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.
  • Assisted a world’s large communications group, leader in marketing, communication and digital business transformation, in relation to all competition law implications (including merger clearance) triggered by the acquisition of one of the fastest-growing and largest independent software engineering companies in Central and Eastern Europe.
  • Assisting a compliance company that specializes in collecting and disposing regulated substances with respect to the investigation launched by the Romanian Competition Council on the Romanian market of treatment and disposal of medical waste, including by providing assistance during the dawn-raid procedure, preparing various documentation and responses required by the competition authority, representing the company before the competition authority and designing and implementing the best strategy for the client in the context of the investigation.
  • Advising a biopharmaceutical company in all stages of the 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. Currently, we are providing legal counselling and representation services in the litigation brought by the client against the Competition Council seeking the annul the sanction imposed by the latter at the end of the investigation.
  • Assisting a leading global satellite company on telecom regulatory and corporate matters, with a special focus on the regulatory developments around new technologies.
  • Assisting an American multinational technology company in navigating the local telecommunications legislation in connection with its project of deploying a large broadband satellite internet constellation in order to provide broadband internet connectivity.
  • Advised a global innovation-driven pharmaceutical company in relation to the entire transaction whereby it has divested one of its landmark medicines. We advised in relation to the merger clearance process which resulted in a smooth decision and also on the implementation.
Languages
  • Romanian
  • English
  • French
Education
  • Babes -Bolyai University, Faculty of Law, LL.B., 2019

Publications

  • Update legislativ: Campaniile de reduceri de pret in lumina Directivei Omnibus (Legislative update: Price reduction campaigns in light of the Omnibus Directive), Juridice.ro, May 2022

Prior Experience

  • May 2022 – to date: DLA Piper Romania, Associate
  • October 2019 – April 2022: DLA Piper Romania, Junior Associate

Additional Information

  • Senior Editor, Lawyr.it, Cluj-Napoca (Romania)

Memberships And Affiliations

  • Member of the Bucharest Bar

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