Flavia Distefano

Cartels and other behavioral matters

• Represented an Italian manufacturer in its leniency application to the European Commission and EC administrative proceedings in the Fittings cartel case, where the company received the second highest leniency discount granted in the case.
• Represented a major Finnish metal group in its leniency application to the European Commission and EC administrative proceedings in the Industrial Tubes and Copper Plumbing Tubes cartel cases. The company obtained 70% reductions in fines.
• Represented a Scandinavian tobacco group in cartel proceedings before the Italian competition authority concerning price-fixing practices in the Italian cigarette market. No fines were imposed.
• Represented a major audit group in cartel proceedings before the Italian competition authority concerning price-fixing practices in the auditing market.
• Represented a major US energy group in complaints to the European Commission against allegedly abusive practices put in place by European incumbents.
• Represented a Swedish electricity group in its complaint to the European Commission against the Swedish Government’s measures forcing closure of a nuclear reactor.
• Assisted a US chemical group in ensuring antitrust compliance of several vertical agreements with industrial customers and distributors in Europe.
• Advised a US biotechnology group on antitrust compliance of a cooperation agreement with a European-based competitor for joint development and commercialization of adult stem cell products.
• Advise a US banking group on antitrust compliance of a joint venture for merchant acquiring with a leading credit card group.
• Advised several REACH consortia and chemicals groups on antitrust compliance issues related to REACH and SIEF cooperation agreements, including membership conditions, cost-sharing formulas and exchanges of confidential information.

Merger control

• Represented Honeywell in obtaining merger clearance in the public bid to acquire a UK listed competitor.
• Represented Sandisk in obtaining merger clearance in the acquisition of a competitor in flash memory storage products. 
• Represented Andritz in numerous merger transactions triggering filings with the European Commission and various national competition authorities worldwide. 
• Represented Outokumpu in obtaining clearance from the European Commission and various national authorities in the merger with Boliden. 
• Represented Tetra Laval in Phase II merger proceedings before the European Commission concerning Sidel’s acquisition. 
• Represented a major European chemicals group in obtaining clearance from the Italian competition authority in the acquisition of a competitor in diagnostics products. 
• Represented Volvo before the European Commission in Phase II proceedings concerning the acquisition of Scania. 
• Represented Bestfoods in merger filings to the European Commission and various national authorities concerning its acquisition by Unilever. 
• Represented Enron in opposing the Exxon/Mobil merger before the European Commission. 
• Represented McDonnell Douglas in the European Commission’s Phase II merger proceedings resulting in the approval of its acquisition by Boeing. 
• Represented a major International beer producer before the Italian competition authority in Phase II merger proceedings resulting in the conditional approval of its acquisition of an Italian competitor.

Regulatory matters 

• Assisted a European energy association in relation to the interpretation and application of the EU Renewable energy directive and national implementing legislation. 
• Assisted a European electricity producer in a complaint to the European Commission alleging breaches of the EU free movement of goods rules arising from some national support schemes for renewable energy. 
• Advised a leading US energy group in relation to third party access agreements and compliance with the second EU energy liberalization package. 
• Advised a major chemicals group on legal obligations arising from the EU emission trading regime. 
• Assisted several REACH consortia, individual producers and only representatives in ensuring compliance with the EU REACH Regulation. 
• Represented a number of REACH Lead Registrants in data sharing disputes before ECHA (the European Chemicals Agency). 
• Assisted a number of chemicals group in ensuring compliance with the EU Biocides Directive. 
• Assisted a task force of pesticides producers in data sharing issues related to the implementation of the EU Pesticides Directive. 
• Advised several European and non-European companies on EU market access issues, in particular relating to CE marking requirements and product standardization.