Answer ... A fining decision may be challenged before the Bucharest Court of Appeal, which reviews both procedural aspects (ie, whether the Romanian Competition Council observed procedural norms during the investigation) and material aspects (ie, whether the provisions of law were duly applied to the factual situation). The decision of the Bucharest Court of Appeal may be appealed to the High Court of Cassation and Justice.
Answer ... Where a third party files a complaint with the council regarding an alleged cartel and the council decides not to open an investigation, that decision may be challenged before the Bucharest Court of Appeal within 30 days of receipt of the decision.
Where the council completes an investigation and issues a decision, a third party may challenge this decision under the Law on Administrative Litigation (554/2004), which allows persons to file claims in administrative courts against individual administrative acts which are addressed to other persons. As yet, we have identified just one reported case (a merger control matter) in which a council clearance decision was challenged in court under the administrative litigation rules.