The Legal 500

Romania has not yet acquired practical experience in terms of private antitrust litigation, although recent legislative developments (amendment of the Competition Law No. 21/1996 by the Government Emergency Ordinance No. 75/2010 in July 2010 and by the Law No. 149/2011 in July 2011, together with the new Civil Procedure Code, expected to come into force soon) support private actions for damages.

For the purpose of observing the EU principles on competition, mainly with respect to uniform and consistent application of the European rules on competition, the Competition Act was amended substantially on 5 August 2010.

• EUROPEAN UNION
• CASE LAW
• ROMANIA
• LEGISLATION
• CASE LAW
• RECENT EUROPEAN AND NATIONAL INVESTIGATIONS

EGO 75/2010 (published in the Official Gazette no 459/06 July 2010) which will enter into force within 30 days from its publication brings certain amendments to the Competition Law.

The European Commission has adopted new competition rules for agreements between vehicle manufacturers and their authorised dealers, repairers and spare parts distributors.

News in Laws - Monthly Legal Newsletter November 2009

At the beginning of every season Voicu & Filipescu releases a specialized newsletter on Competition. Besides outlining the legislative developments of the previous trimester, the firm’s newsletter also comprises a cover article on a legal matter of interest to the business environment. Read our 2008 spring issue, including “The Technology Transfer Agreements”, a thorough analysis drawn up by the firm’s lawyers. 

Under the general principle of the free trading, any trader may freely perform competition acts and deeds aiming to attract the clients of competitors with a view to improve the distribution of the goods sold or to perform in a more efficient and profitable way his commercial activity. Therefore, the competition act is deemed as a fair and legal compliant act under the conditions that are particular to market economies; however, should such ways for attracting clients exceed the area protected by the law then the competition act itself becomes unfair and therefore sanctioned by the law.

During year 2004, national legislation in the field of competition has been subject to an extensive amendment process intended to result in the harmonizing of national regulations with the community regulations and, last but not least, in implementing the substantial amendments occurred in respect of the approach of competition in the European Union.