Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

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4. Results: Answers
Cartels
7.
Appeal
7.1
Can the defendant company appeal the enforcement authorities’ decision? If so, which decisions of the authority can be appealed (eg, all decisions or just the final decision) and to which reviewing authority? What is the standard of review applied by the reviewing authority (eg, limited to errors of law or a full review of all facts and evidence)?
Romania

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.

For more information about this answer please contact: Gelu Goran from Biris Goran SPARL
7.2
Can third parties appeal the enforcement authorities’ decision, and if so, in what circumstances?
Romania

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.

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