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.