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Category Management Agreements: Belgian Competition Authority issues landmark decision in cartel case involving anti-competitive arrangements for the placement of OTC medicines in pharmacies
On 24 April 2025, the Belgian Competition Authority (“BCA”) announced that it had imposed fines totalling EUR 11.2 million on pharmaceutical companies Johnson & Johnson, Boehringer Ingelheim, and Haleon. The sanctions were issued following a settlement in a case concerning anti-competitive practices linked to category management agreements for over-the-counter (“OTC”) medicines. According to the European Commission Guidelines on Vertical Restraints, category management agreements are agreements whereby a distributor delegates to a supplier (the so-called “category captain”) the responsibility for marketing an entire category of products. While such agreements are generally considered unproblematic, the Guidelines
Dive into the latest competition law updates in Romania
In the first quarter of 2025, the Romanian Competition Council (“RCC”) published several significant decisions, launched new investigations, and imposed fines in cases involving abuse of dominant position, price coordination, and other anticompetitive practices. 1. New FDI Guidelines In February the RCC published the draft FDI guidelines (the “Guidelines”), which were up for public consultation until mid-March. The Guidelines aim to clarify the method for the calculation of the investment value in different types of transactions, such as share deals, share capital contributions, multi-jurisdictional transactions, or in case of a loan or financing by an investor. Furthermore, the Guidelines clarify
Harald Strahberger, a leading regulatory lawyer, joins Kinstellar as Partner in Vienna
Kinstellar is delighted to announce that Harald Strahberger has joined our newly launched Vienna office as a Partner. His addition strengthens our public law and regulatory capabilities, further enhancing the firm’s expertise in Austria and across the wider Central and Eastern European region. With extensive experience advising national and international clients across all aspects of public law, Harald specialises in environmental law (including facility, waste, and water regulations), energy law, trade law, data protection, and state aid law. He also has a strong background representing clients in administrative proceedings and before Administrative Courts, the Supreme Administrative Court, the Austrian Constitutional
Food prices in Bulgaria: Businesses to remain vigilant even after the competition authority finds no anti-competitive agreements between supermarkets
In a decision that will shape the competitive landscape of the Bulgarian food market, the Bulgarian Commission for Protection of Competition (“CPC”) concluded that there is no evidence of anti-competitive agreements between the major supermarket chains regarding food prices. Background and investigation The CPC initiated an investigation in response to the significant increase in retail prices of basic food commodities observed since early 2022 and the first months of 2023. The competition authority aimed to identify any practices restricting competition, such as: covert agreements, collusion, or concerted actions among retailers. While much of the data in the CPC’s decision remains confidential
Kinstellar's Regional 2024 Competition Review and 2025 Outlook: Key insights and trends
We are excited to release the first edition of Kinstellar's Regional 2024 Competition Review and 2025 Outlook: Key insights and trends. This report provides an overview of the latest developments in competition law across our jurisdictions, highlighting key regulatory updates, enforcement trends, major fines, merger control decisions, foreign direct investment (FDI) screening developments, and upcoming legislative changes, among others. Competition authorities across the region—Bulgaria, Croatia, Czech Republic, Hungary, Kazakhstan, Romania, Serbia, Slovakia, Turkey, Ukraine, and Uzbekistan—are intensifying their scrutiny of anti-competitive practices, strengthening enforcement efforts, and refining national competition
Kinstellar successfully closes the landmark Project Bluesky transaction
Kinstellar Budapest, acting as the lead counsel for Hungary, has successfully closed the landmark Project Bluesky transaction, advising the Hungarian Power Exchange (HUPX) and the Hungarian Transmission System Operator, MAVIR. As part of the particularly complex Project Bluesky transaction, EMS (Serbian Transmission System Operator), ELES (Slovenian Transmission System Operator) and EPEX SPOT (European Power Exchange SE) agreed to the cross-border transformation of the Slovenian ADEX Skrupina holding company, into a Hungarian company, ADEX Szervezett Villamosenergia-piac Holding (ADEX HU). Kinstellar advised on the Hungarian law aspects and implementation of the cross-border transformation, while ODL Law Firm acted as
Overview of "gun-jumping" cases in Ukraine
The Antimonopoly Committee of Ukraine (AMC) is increasing enforcement efforts against so-called “gun-jumping” violations (i.e. a merger or acquisition executed without the prior approval of the AMC), demanding stricter scrutiny even for transactions with a perceived limited impact on the Ukrainian market. Between January 2022 and October 2024, the AMC imposed not only fines on companies that failed to obtain a prior clearance, but also on those that sought approvals after already closing their deals. To avoid penalties, companies must ensure they have secured AMC clearance before closing transactions, as even war-related challenges do not exempt firms from compliance requirements. Our Ukraine Competition &
Turkish Competition Authority adopts the much-anticipated Guidelines on Competition Infringements in Labour Markets
The Turkish Competition Authority (“TCA”) announced on 3 December 2024 that the much-anticipated Guidelines on Competition Infringements in Labour Markets (“Guidelines”) were been adopted by the Competition Board at its meeting on 21 November 2024. The TCA had previously prepared the draft version of the Guidelines (“Draft Guidelines”) and submitted it for public comments via its announcement of 16 September 2024. The TCA has now finalised the Guidelines, also taking into account the comments received on the Draft Guidelines. In its announcement regarding the Draft Guidelines, the TCA stated that it aimed to set out the main principles on the following: the place
Sinan Diniz, a leading Turkish competition law expert, joins Kinstellar as Partner in Istanbul
Kinstellar is delighted to announce that Sinan Diniz, a highly regarded competition law expert, has joined our associated law firm in Turkey, KST Law, as a Partner. Sinan was previously the co-head of the Competition practice in Esin Attorney Partnership, a member firm of Baker McKenzie, where he managed one of the leading competition law practices in the country. Sinan has more than 10 years of competition law experience and assists clients with all aspects of Turkish competition law including merger control, antitrust investigations, exemption filings, and daily compliance queries. His expertise extends to administrative and private litigation, designing competition law compliance programs, and delivering bespoke
Kinstellar advises Orbico on strategic acquisition in Ukraine
Kinstellar has acted as Ukrainian legal counsel to Orbico Group on the acquisition of a controlling stake in SAV 92, a leading Ukrainian distributor of branded international and Ukrainian food and non-food products. This multi-stage transaction marks a significant step in Orbico's strategic expansion into the Ukrainian market. Orbico Group is a leading distributor of a large number of globally known brands ranging from beauty care to motor oil products. Orbico cooperates with more than 180 suppliers, manages more than 500 global and local brands, and supplies to more than 59,000 customers. Kinstellar’s advice included due diligence, securing unconditional merger control clearances for a gradual transfer of control
Competition Law in the CEE Region: "Cross-Sector Perspectives" Conference
We are pleased to announce Kinstellar’s Competition Law Conference: Cross-Sector Perspectives, taking place on 15 November 2024 at the Hilton Hotel in Belgrade, Serbia. This exclusive event will bring together leading experts to explore the latest developments and challenges in competition law, providing valuable insights across various sectors. T he agenda includes: Fast Forward: Competition and the Current Trends in FMCG, moderated by Olga Šipka, Special Counsel, Co-head Competition & State Aid, Kinstellar, Belgrade Speakers: Stefan Dobrić (Bambi), Vukašin Petković (Nectar Group), Vitaly Pruzhansky (RBB Economics), Branislav Žeravić (Delhaize), Geoffroy van
The Romanian Competition Council revamps its guidelines on issuing guidance letters
On 11 September 2024 the Romanian Competition Council’s (“RCC”) Order no. 2436/2024 implementing the Guidelines on informal guidance on novel or unresolved questions arising in individual cases concerning the application of Art. 5 and 6 of the Romanian Competition Law No. 21/1996 (the “Competition Law”) was published in the Official Gazette of Romania and entered into force (the “Guidelines”). Art. 5 and 6 of the Competition Law represent the local-law equivalents of Art. 101 and 102 of the Treaty on the Functioning of the European Union and deal with the prohibition of agreements that restrict competition and, respectively, abuse of dominance. The Guidelines replace the previous RCC note on the matter