ARTICLE · 13 MARCH 2014

New Perspective On Dawn Raids And Leniency Following Criminal Legislation Amendments

Schoenherr (Schönherr Rechtsanwälte)

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Schoenherr (Schönherr Rechtsanwälte)

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Prior to the amendments brought by Law 255/2013, Romania’s Competition Council was able to conduct dawn raids at the premises of undertakings without a court warrant, but rather based only on an internal order issued by the President of the Competition Council.

AustriaAntitrust/Competition Law

Cătălin Suliman

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The entry into force in Romania on 1 February 2014 of the new criminal codes implementing laws - i.e. Law no. 187/2012 and Law no. 255/2013, respectively - brought important changes to certain non-criminal laws such as Competition Law no. 21/1996 republished, as further amended and supplemented ("Competition Law"). Two of these amendments concern the requirement of a court warrant for dawn raids and the immunity / reduction of prison sentences for those individuals who, under certain conditions, blows the whistle on Competition Law infringements.

Court warrant for dawn raids at business premises

Prior to the amendments brought by Law 255/2013, Romania's Competition Council was able to conduct dawn raids at the premises of undertakings without a court warrant, but rather based only on an internal order issued by the President of the Competition Council. The judicial approval was (and still is) necessary for conducting inspections at the private premises

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New Perspective On Dawn Raids And Leniency Following Criminal Legislation Amendments

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