Balancing Law With Business

Pistiolis - Triantafyllos & Associates Law Firm

C Compliance with competition law and industry regulatory regimes is part of the modern commercial landscape: understanding how these rules apply is essential both in doing deals and resolving disputes.As competition law increasingly influences critical aspects of corporate and commercial strategy, first-class competition advice is vital for doing busi-ness. Our Competition Law Practice (EU and national), headed by Dr. Nikos Th. Nikolinakos, is committed to working closely with you to achieve your commercial objectives, and consistently demonstrates value by: • delivering expert, innovative, commercial advice on law, risk and strategy • quickly developing a deep understanding of the markets and industries in which you operate • combining quality and efficiency to ensure optimum value for money.

Competition Law Practice

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and market analysis, in line with the principles of competition law (focusing on the EU elec-tronic communications regime).Furthermore we have expertise on the competi-tion law and intellectual property interface. We act on complaints, claims and defences involv-ing the assertion of competition law in an intel-lectual property context. Our Competition Law Practice covers all aspects of competition law and intellectual property licensing and involves complex economic and technical issues about pricing, network access, R&D, IP, technology collaboration agreements, software and content licensing, manufacturing, marketing, agency and distribution agreements, service supply and dispute settlement arrangements.Our Competition Law Practice responds to cli-ents’ needs in a broad range of competition law matters, including:• General Antitrust Counseling• Competition Law Compliance – Anticompeti-tive Agreements and Abuse of Dominance• Competition and Regulatory Investigations• Mergers - Joint Ventures - Strategic Alliances• Antitrust and Intellectual Property• Cartels • Competition Litigation

Competition Law PracticeGeneral Antitrust Counseling OurOur counseling expertise incorporates the full range of antitrust and competition issues, in-cluding monopolization and attempted monop-olization, distribution and pricing practices, re-fusals to deal, essential facilities, exclusive deal-ing, licensing, setting standards, criminal anti-trust investigations, pre-merger notification, and state aid. Based on this broad experience, we can provide practical advice on dealings with competitors and customers that enables compli-ance with competition rules while meeting busi-ness goals.

Our Competition Law Practice prides itself on its counseling ability – so that clients can avoid costly litigation through preventive counseling. Our clients can rely on our advice in a wide vari-ety of contexts including the formulation and implementation of distribution programs, the structuring of licensing arrangements, the shar-ing of competitively sensitive information, par-ticipation in standards setting associations, and in the planning of complex business combina-tions that raise competitive issues. Unusually amongst other Greek legal practices, we have a number of senior lawyers who have worked inside government and competition/regulatory agencies – giving us a better understanding of the approach and pri-orities of competition officials, policymakers and enforcers, and enhancing the value of the servicesservices we offer. Moreover, our senior lawyers have substantial industry experience, which gives us significant insight into how our clients can best meet their strategic goals.Our Competition Law Practice has made a name for itself by cutting through the complexities of the area of competition law, advising companies across a wide range of industry sectors. In addi-tion, we can offer specialist advice in the regulat-ed sectors – including electronic communica-tions, energy, transport and water. We also advise market players and national regulatory authorities on the processes of market definition

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We work to ensure our clients' business practic-es and strategies are compliant with competi-tion rules. This includes:• reviewing business strategy and key agree-ments; • advice on abuse of dominance and monopolies issues; • advice on licensing, distribution, exclusivity, non-compete provisions and parallel imports, including the application of block exemption regulations; and • competition compliance and training.Our Competition Law Practice can deal with competition and regulatory complaints by:•• defending companies accused of breaching the competition rules (e.g. abuse of dominant posi-tions); • prosecuting complaints to protect a client posi-tion vis-à-vis third parties; • providing assistance in preventing our client’s suppliers or competitors from pursuing anti-competitive arrangements that adversely affect their business;• presenting the cases before the relevant Au-thorities and Administrative Courts.

Competition Law PracticeCompetition & Regulatory Investi-gationsCompetition authorities are increasingly turning their attention to markets which are perceived not to be operating in the best interests of con-sumers and are undertaking investigations of entire market sectors rather than focussing their investigations on the alleged anti-competitive behaviour of the players within those markets.Such investigations (such as sector inquiries) are very burdensome to the companies involved - many lasting well in excess of a year. The out-come of the investigation - whether the initia-tion of antitrust infringement proceedings or remedies designed to change market structure or behaviour - can have a significant impact on the market participants. Such investigations can lead to significant fines and businesses must be aware of the risks aris-ing from breaching competition rules - and the opportunities for protecting them against anti-competitive action by others.Our Competition Law Practice is at the forefront of advising clients on dealing effectively with market investigations and, as a result, you can rely on us to:• advise on the chance of avoiding any investiga-tion in the first place, assessing the strength of your case and identifying the key issues;• advise on commercial strategy throughout a competition authority investigation;• advise on the likelihood of success and tactical and policy considerations; and• liaise and negotiate with the relevant authori-ties.

Competition Law Compliance – Anti-competitive Agreements and Abuse of DominanceIn order to minimise the risk of breaching com-petition rules and potentially being the subject of a competition law investigation or private liti-gation, companies should be aware of the com-petition and regulatory rules applying to their business practices and strategies.Our Competition Law Practice provides busi-ness strategy and compliance advice on the anti-trust and competition implications of business transactions. We advise on contract review and compliance, where our aim is to ensure that competition issues are identified and resolved at an early stage. We provide guidance and training on how to handle on-site investigations by competition authorities and regulators. Compliance programmes provide senior man-agers with the confidence that all staff under-stand and comply with the rules.

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We advise on the competition law implications of mergers, joint ventures and other complex transactions and we work to ensure our clients' business practices and strategies are compliant with competition rules. This includes:• advising on the likelihood of clearance and possible remedies;•• presenting the deal to the relevant competition authorities, or complaining about a supplier or rival's merger;• drafting notifications for mergers, acquisitions and joint ventures; and•• liaising and negotiating with the competition authorities, including (where necessary) negoti-ating remedies or conditional clearances with the authorities.

Competition Law PracticeAntitrust and Intellectual PropertyManyMany companies have a strong interest in the re-lationship between competition law and intellec-tual property rights (IPRs). For IPR holders, it is essential to take account of the sophisticated rules governing the exercise of IPRs as devel-oped by the European Courts and the European Commission. Some of these rules, in particular the application of Articles 81 and 82 EC to patent, technology and software copyright li-censes, have undergone a radical transforma-tion. Companies with particularly strong posi-tions in certain markets need to be aware of the conditions in which a refusal to license their IPRs is consistent with the competition rules and of the circumstances in which such a refusal may pose risks.With the growth in importance and ubiquity of intellectual property rights as key drivers of the economy, our Competition Law Practice is in-creasingly involved in matters initiated by en-forcement officials and private plaintiffs as anti-trust issues arise from the development, licens-ing, and enforcement of intellectual property rights. Our aim is to assist clients in avoiding the antitrust pitfalls associated with licensing agree-ments and other intellectual property-related ar-rangements (e.g. royalty structures, refusals to license, and the terms on which technology or know-how are licensed).

Mergers - Joint Ventures - Strategic AlliancesIncreasedIncreased consolidation in many industry sec-tors has led to concentrations facing mounting scrutiny by competition authorities at a national and a European level. The process of merger no-tification, investigation and clearance may be an additional administrative burden for merging companies, but where a notification is necessary, we make this process as smooth as possible.Our Competition Law Practice provides pre-merger advice, drafts merger notifications, ad-vises on the most complex merger investiga-tions, offers practical solutions and settlements, and acts in related litigation. Our strong rela-tionships with competition officials and antitrust/regulatory authorities enables us find satisfactory solutions for our clients when divestitures and undertakings are required.

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• assisting clients in achieving a favourable settle-ment;• advising clients on the impact of possible crimi-nal sanctions;• defending against damage claims resulting from cartel findings (private litigation);• providing clients with compliance procedures and training;• advising clients on employment law issues (and the potential conflict of interest arising from the possibility of both corporate and individual sanc-tions for infringement of the anti-cartel rules).

Competition litigationRecent legislative and judicial developments have significantly raised the profile of competi-tion law litigation, and this trend is set to contin-ue. Where businesses have suffered loss due to the anti-competitive behaviour of suppliers or competitors they may choose to bring private damages actions rather than relying on competition authorities to investigate.Our Competition Law Practice manages the sub-stantial risks, time and costs associated with liti-gation. Clients call on our team to help minimise the risk of litigation, as well as to resolve dis-putes in a way that achieves business objectives. Critical to assisting clients successfully in this fast developing area is our combination of spe-cialist competition lawyers and experienced commercial/civil law litigators.

Competition Law PracticeCartelsCompetitionCompetition law strictly prohibits cartel activity, such as price fixing, market sharing or bid rig-ging between competitors. The European Com-mission and Member State competition authori-ties possess wide-ranging powers to investigate and punish cartel infringements, including the power to levy very substantial fines on infringing companies, and criminal sanctions are also pro-vided for in a number of Member States.The decisions taken at the outset of an investiga-tion can have a major impact on a company’s total financial exposure, both in terms of regula-tory fines and damages from civil claims. There-fore, the substantial challenges of dealing with cartel investigations make counselling from spe-cialist legal advisers essential to successfully fending the company’s interests.Our Firm brings together competition, “white collar” crime, litigation and employment exper-tise in order to provide assistance in relation to anti-cartel legislation. We secure the best possible outcome to an investigation for our clients by: • handling dawn raids and other forms of intrusive cartel investigations by competition authorities;• assessing the options and advising on the re-sponse strategy at the outset;• assisting our clients in their communication strategy;• advising clients on leniency regimes and schemes for immunity from and reduction of pen-alties;

Teamworkthe best solutions come from

working together with colleagues and clients

Imaginationusing it in a practical and creative way

Determination Hard work to get the job done

Quality is our first priority

Our way of life is enjoying what we do

Commitment going the extra mile

to delivering what we promise and adding value beyond what is expected

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Pistiolis - Triantafyllos & Associates Law Firm