Comparative Guides

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4. Results: Answers
Cartels
1.
Legal and enforcement framework
1.1
Which legislative and regulatory provisions apply to cartels in your jurisdiction?
Romania

Answer ... The main statute that governs cartels in Romania is the Competition Law (21/1996). Article 101 of the Treaty on the Functioning of the European Union is also directly applicable in Romania.

For more information about this answer please contact: Gelu Goran from Biris Goran SPARL
1.2
Do any special regimes apply to cartels in specific sectors?
Romania

Answer ... There are no national rules governing cartels in specific sectors. However, all EU antitrust regulations that set forth special regimes for specific sectors are directly applicable in Romania.

For more information about this answer please contact: Gelu Goran from Biris Goran SPARL
1.3
Which authorities are responsible for enforcing the cartel legislation?
Romania

Answer ... The cartel legislation is enforced by the Romanian Competition Council.

For more information about this answer please contact: Gelu Goran from Biris Goran SPARL
1.4
How active are the enforcement authorities in investigating and taking action against cartels in your jurisdiction? What are the statistics regarding past and ongoing cartel investigations? What key decisions have the enforcement authorities adopted most recently?
Romania

Answer ... Recent years have seen an uptick in cartel enforcement. For instance, 10 of the 16 investigations commenced in 2018 focused exclusively on cartels. Similarly, 11 of the 19 investigations commenced in 2017 were cartel investigations.

In terms of its recent decisions, the Romanian Competition Council has investigated sectors as diverse as the following:

  • mandatory third-party liability motor insurance (nine companies were fined a total of approximately €53 million for price fixing in 2018);
  • the production and sale of electricity meters (six companies were fined a total of approximately €16 million for bid rigging in 2017); and
  • harbour services – towing and pilotage (six companies were fined a total of approximately €2.3 million for coordinated behaviour leading to market foreclosure in 2017).

For more information about this answer please contact: Gelu Goran from Biris Goran SPARL
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Topic
Cartels