Challenge

Vivacom, the former telecom monopolist in Bulgaria, sought Alber & Geiger’s help in tackling the Bulgarian Communications Regulation Commission’s (CRC) arbitrary and disproportionate mobile termination rates. Concurrently we were tasked with addressing the problem of illegal cables in Bulgaria, while the Commission’s position was that this issue ought to be handled solely at national level.

Strategy

The strategy adopted, demonstrated how broad ranging Treaty obligations should be translated into government actions. It had a strong EU public law and policy element, with consumer protection at the forefront. It helped Bulgaria understand and implement its EU law obligations. It enhanced the notions of fairness and proportionality in the civic realm. We used sophisticated fact-finding and law and economics analysis, to outline where subsidiarity pointed to, regarding the illegal cables.

Result

Vivacom has now been put in a position where it is better able to serve the public. Alber & Geiger’s lobbying activity resulted in the European Commission asking CRC not to discriminate when setting the level of termination rates between fixed and mobile networks. CRC significantly lowered Bulgaria’s termination rates to the benefit of consumers. Equally the EU Commission came on board with us to address the issue of illegal cables, exerting pressure on Bulgaria, demanding their immediate removal. A remarkable process of removals is now underway.

Challenge

The European Commission had started investigating violations of the rule of law in Poland, initiating infringement proceedings regarding judicial independence in the country. The Venice Commission, an advisory body to the Council of Europe, had also expressed reservations about all parts of the Polish judiciary, especially over the Polish public prosecution’s independence.

Our client, the former CEO of a Polish investment bank, was caught in the middle of this battle by being at the receiving end of disproportional measures by the prosecution in Poland. The Polish government who started treating bankers in the context of the “GetBack” scandal as “banksters” created a political climate which put our client in custody without bail. Anticipating that the Polish government wanted to represent the case as an effort to protect the public by blaming the investment bankers’ business conduct, he reached out to Alber & Geiger.

Strategy

We approached several DGs in the European Commission and all the responsible committees in the European Parliament demonstrating that this was a practical case confirming the EU concerns stated in the infringement proceedings against Poland.

We gathered thereby EU political support towards the Polish government ensuring that our client receives fair trial and proportionate treatment as to be expected from an EU member state. We did so by informing the EU institutions over the shortcomings of the legal process in Poland and the unjustifiable measures against our client, placing our case on the European Commission’s radar in the ongoing infringement proceeding against Poland and into the European Parliament’s resolution on the rule of law and democracy in Poland.

Results

By introducing the Polish court case into EU politics, Alber & Geiger was able to take Polish politics out of the courtroom. The client was released from custody on bail.

Challenge

Alber & Geiger was engaged by Xiaomi, the best-selling phone manufacturer in the EU to fend off against initiatives in the member states’ that could spill-over into the European Union. Our team was called in to provide strategic support, monitoring and analysis of ongoing EU policy initiatives and member states cybersecurity reports that had the potential to affect Xiaomi’s business in Europe.

Strategy

Alber & Geiger engaged on a plethora of issues, including EU-China relations, cybersecurity, right to repair, cyber resilience act, corporate sustainable due diligence, sanctions as well as the digital markets act, by providing high-end analysis and advise on content and engagement with the European Institutions, including the European Parliament and the European Commission. We also helped compile language to assist Xiaomi in addressing European Parliament concerns on the need to protect consumers from Chinese mobile phones by highlighting Xiaomi adherence to EU GDPR standards and norms.

Results

We were able to learn firsthand of ongoing EU initiatives in the Commission or in the European Parliament affecting Xiaomi, and quick to provide analysis and message to advocate vis-à-vis the institutions. Alber & Geiger addressed the concerns raised in reports, letters and policy initiatives. This approach enabled us to protect the image of Xiaomi, and its position in the European market.