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PeliPartners Successful for UNSAR Before Romania’s High Court of Cassation and Justice

PeliPartners Successful for UNSAR Before Romania’s High Court of Cassation and Justice

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PeliPartners has successfully represented the National Union of Insurance and Reinsurance Companies of Romania (UNSAR) before Romania’s High Court of Cassation and Justice in a dispute against the Romanian competition authority.

According to the firm, UNSAR challenged the fine imposed by the Competition Council in 2018 for breaching the law by allegedly coordinating market behavior to increase compulsory third-party liability insurance rates.

"The Competition Council found in 2018 that UNSAR had facilitated collaboration between the nine insurance companies, a charge definitively rejected by the High Court of Cassation and Justice," PeliPartners announced. In March 2021, the firm "obtained the partial annulment by the Bucharest Court of Appeal of the sanctioning decision, the court ruling that there was no intention by UNSAR to contribute to an alleged concerted action by its members."

According to the firm, the High Court of Cassation and Justice confirmed the reasoning of the Bucharest Court of Appeal, dismissing the authority's application as unfounded.

"The decisions of the courts, in this case, are extremely important, validating that the organization of meetings between members or between members and regulators is a completely legitimate activity of any business association that aims to support the interests of members and the market in which it operates," PeliPartners Partner Carmen Peli commented. "Moreover, they confirm that the simple administrative and secretarial role of a professional association is a legitimate activity, which cannot be framed as a facilitation of an alleged anti-competitive practice."

The PeliPartners team was led by Peli and included Senior Associate Oana Bucsa and Associate Veronica Bulmez.

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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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