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Competition clients of Glikman & Partnerid benefit from the firm’s top litigation capability, attracting major Estonian bodies and companies, including Estonian Post, which the firm defended against allegations of discriminatory pricing, and Mootor Grupp, the operator of Tallinn’s central bus station, in an abuse of dominant position. Senior associates Risto Rüütel and Silja Elunurm are ‘supportive, accommodating and always on time’.

As expected of a top corporate practice, LAWIN’s competition work is of the highest level, representing clients such as Estonian Post, Coca-Cola, Electrolux and Schering Plough before the Estonian and European competition authorities. Lead lawyers Elo Tamm and Katri Pass-Mohando are well-known in the field and are ‘very good professionals’ with ‘good communication skills’.

Attorneys at Law Borenius provides a ‘quick and competent’ service to a host of top-drawer clients, acting for Swedbank in market analysis proceedings on multilateral interchange fees following the EU’s Mastercard ruling. The firm was also involved in the drafting of legislation for Estonia’s new leniency programme to combat cartels, which came into force in 2010. Kaja Kallas heads the practice.

Widely-admired Raino Paron leads a high-calibre competition practice at Raidla Lejins & Norcous, combining top corporate support work with major litigious matters for leading domestic and international companies. Typical instructions included acting for the State Agency of Medicines in a dispute concerning prescriptive drug advertising, a case with EU-wide implications, and the competition aspects of Orkla’s acquisition of leading confectioner Kalev Chocolate Factory.

Sorainen’s has leading expertise in litigator Carri Ginter and practice head Kaupo Lepasepp, who has ‘a high IQ, professional standards and appreciates the client’s time’. The firm is acting for Fortum in a constitutional review matter, and Eesti Gaas in a dispute over regulated pricing. Toyota Baltic and Skype are just two of many new clients brought into the firm by its competition team.

Senior associate Rene Frolov leads the practice at Tark Grunte Sutkiene, described as ‘young but very professional with good communication skills, both to the client and the competition authority’. The firm counts Phillip Morris Estonia and domestic alcoholic beverage leader Liviko as clients, advising the latter, together with its CEO, in court proceedings for alleged price fixing.

VARUL advises on all aspects of competition law, from merger control to high-end litigation and state aid matters, acting for Estonian Air in the latter. Other current instructions include acting for Estonia’s first digital television provider, a subsidiary of AS Starman, on the competition aspects of broadcasting infrastructure access. Clients rate senior associate Vaido Põldoja for ‘prompt, clear, and accurate answers’.

MAQS Law Firm is able to call upon colleagues in its Baltic and Scandinavian network for multinational clients with competition needs. Evelin Pärn-Lee is lead advisor in Estonia, acting on a variety of matters including disputes and merger control.

Senior associate Martin Männik at Pohla & Hallmägi has a growing profile and client list, including at least two global pharmaceuticals, advising one on competition issues before the ECJ. Support from the firm’s heavyweight litigators is on hand for contentious work.

The deal stream at Tamme Otsmann Ruus Vabamets ensures plenty of competition instructions for the firm, such as merger control proceedings on behalf of Pristis, while disputes work includes acting for electricity network operator Tallinna Sadama Elekrivõrk before the Competition Authority concerning connection charges.

Mihkel Tasa and senior associate Raul Palmaru advise on competition matters at Concordia Attorneys at Law, for example, acting for IT company Helmes and Austrian casino corporation Novoloto in merger control. Disputes included advice to KPK Teedeehituse regarding construction-related public procurements.

Law Office Eversheds Ots & Co handles a variety of corporate support issues as well as noteworthy contentious matters, acting for Veolia in the Supreme Court concerning public procurement and landfill issues. Toomas Pikamäe is the firm’s expert in domestic and European competition law.

The significant caseload at Law Firm Glimstedt included acting for Estonian Railways in state-aid matters, among other competition issues, and representing the Estonian Competition Authority in all judicial proceedings concerning the telecoms sector. Marko Tiiman and managing partner Priit Lätt lead the advice.

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Legal Developments in Estonia

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  • Estonia allows claiming punitive damages

    Normal 0 21 false false false EN-US X-NONE X-NONE /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-parent:""; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; mso-para-margin:0cm; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:10.0pt; font-family:"Times New Roman","serif"; mso-ansi-language:EN-US; mso-fareast-language:EN-US;} Normal 0 21 false false false EN-US X-NONE X-NONE /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-parent:""; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; mso-para-margin:0cm; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:10.0pt; font-family:"Times New Roman","serif"; mso-ansi-language:EN-US; mso-fareast-language:EN-US;} On 31 st December 2010 amendments to the Law Obligations Act (hereinafter LOA) came into force in Estonia, introducing the regulation allowing claiming punitive and preventive damages. Though the new regulation allows exemplary damages to be awarded only in the event of non-proprietary damages, it nevertheless constitutes a general paradigm shift, allowing for a much broader protection of personal rights.
  • Review of reorganisation proceedings in Estonia

    Until the adoption of Reorganisation Act Estonian legislation did not provide efficient regulation for companies which were in temporary financial difficulties, but could be “rescued” via certain turn-around proceedings to overcome the economically difficult period.  
  • New Estonian Advertising Act

    New Advertising Act has entered into force from 1st of November 2008. The main reason for drafting the new Act was the current situation in the advertising market – the legal regulation of the Advertising Act passed in 1997 needed to be modernized. Requirements for advertising goods and services, which are likely to cause controversy in the society, have been specified. Additional restrictions have been provided for advertising of alcohol products and financial services, while exemptions have been added to the advertising regulation of tobacco products and gambling. The efficiency of surveillance has been improved and additional measures have been taken. Consistency with the EU law is important in order to avoid discrimination of foreign manufacturers and service providers. Drafting a new act was expedient, whereas extensive amendments were to be made to the current legal regulation of advertising.
  • Division of the company as the joint property between the spouses

    The Civil Chamber of the Estonian Supreme Court has thoroughly handled the topics of division of joint property, repeated some earlier principles and given the clear instruction in the proceeding of division of the joint property of spouses in the question of assessment of the value of the company.
  • Estonian Supreme Court on the tax avoidance rules in share transfers

    The Estonian Supreme Court handled the taxation of the earnings of the physical persons through the application of the rule of economic interpretation (Taxation Act § 84) in its decision of 6 November 2008. In this case the Supreme Court gave the instructions which circumstances are important for establishing the existence of the objective of tax evasion. This is a significant decision in the cases of transfer of securities, where the tax authority has found that the substance and form of the transaction are not in compliance and in no doubt will have its impact to assessing the tax consequences of corporate restructurings.

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