Competition law within the banking and financial sector – RBI and Reff & Associates (Deloitte Legal)
Compliance with competition law has become one of the most important aspects to be considered by a company when deciding its long term strategy. A competition law issue may arise not only from a specific behavior of the upper management members, but more often from middle management and even from regular employees. That is why increasing the level of awareness and ensuring effective compliance with competition legislation amongst all relevant levels within a company is a must.
This seminar aims at getting an overview of the competition law matters, which a financial institution can frequently face in its current activity.
At the end of the lecture, the attendees will be able to:
- Have an overview of the competition rules generally applicable to undertakings;
- Understand and identify the main competition issues encountered in practice in the banking sector;
- Have basic knowledge regarding their behavior in case of dawn raid;
- Understand the contents and importance of competition compliance programs.
This lecture is specially addressed to:
- Legal counselors;
- Administrators, directors, managers and other employees within the company, who can represent the company;
- Personnel within the risk management departments.
The identification and prevention of competition law issues can represent a concern for employees belonging to even more diverse departments. In consideration of the general and practical nature of the lecture, any interested person can participate and easily assimilate its contents.
Anticompetitive practices. The applicable national and EU legal framework
Types of anticompetitive practices. Aspects specific to banking sector
- Features (parties involved, object) & peculiarities
- Examples of practices: services price fixing; exchange of sensitive information, abuse of dominant position
- Ways of avoiding getting involved in an anticompetitive agreement
Economic concentrations – specific aspects applicable to acquisitions performed by banks within insolvency or force execution procedures
Consequences of breaching competition law – contravention, civil and criminal liability. Considerations regarding the liability of the management bodies’ members
Dawn raids – essential aspects
- Management team’s key responsibilities in terms of training personnel
- Categories of privileged or confidential information/documents
- Personnel’s behavior towards competition inspectors; practical aspects – dos and don’ts
- Consequences of failure to observe the specific obligations within dawn raids
Importance of compliance with competition law. Competition compliance programs
- Advantages of awareness and observance of competition compliance internal regulations (e.g. prevention of breaching the law and application of fines, possibility of applying a mitigation circumstance in case of breaching the law)
- Manner of creating a compliance program so as to pass “the effective implementation” test
SHORT PRESENTATION OF THE LECTURER
Florentina Munteanu, Associate Partner
Florentina is an attorney-at-law, Associate Partner, a member of the Bucharest Bar Association, with an experience of over 10 years in assisting clients from various industries in relation to compliance aspects, especially as regards commercial practices from the perspective of competition legislation. She assisted and represented numerous clients within specific procedures in front of the Competition Council, as well as in front of the European Commission.
Florentina has a significant experience in various competition law matters, such as: management of conformity of the activity of an undertaking with competition legislation; in her daily activity, in consideration of the commercial contracts concluded with business partners, respectively the analysis of the risks associated to vertical agreements, risks associated to horizontal agreements, risks associated to the affiliation to professional associations, cartels within public auctions, management by the company and its employees of dawn raids conducted by the competition authority, as well as assistance and representation within investigations of the Competition Council. She is the competition practice leader within Reff & Associates. She has organized trainings and held presentations for clients, and also within Deloitte conferences .
February 24, 2016, from 9 am to 5 pm
RBI will hold the course on its premises, providing specialised lecturers, course materials and catering services during the training day.
At the end of the course, participants will be given a certificate, issued by RBI (under the aegis of the founding members: NBR and RBA), with 7 CPD credits.
CERTIFICATION: certificate of attendance
Emilia Frunză, Training manager
Telephone: 0372 394 409, 0748 886 834