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ARTICLE · 28 JUNE 2017

Significant Amendments To The Romanian Competition Rules - What's New?

Schoenherr (Schönherr Rechtsanwälte)
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Likewise, leniency applicants are liable only to the extent of the damages caused to their direct and indirect buyers.

RomaniaAntitrust/Competition Law
Georgiana Bădescu
Georgiana Bădescu
Cristiana Manea
Cristiana Manea
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The newly adopted Government Emergency Ordinance No. 39/2017 (the "Ordinance") introduces significant changes to Romanian competition rules. For example, it implements the provisions on actions for damages resulting from competition law infringements, as regulated under Directive 2014/104/EU (the "Damages Directive") and sets out new provisions impacting the food/non-food retail sector, as well as the dawn-raid procedure and fines applicable by the Romanian Competition Council (the "RCC") to non-resident undertakings.

New applicable rules to actions for damages

(A) Full indemnification right; estimating damages

The new enactment sets out the right of any person (individual or legal entity) to seek and secure full indemnification, including effective loss, loss of profit and payment of related interest, but excluding unfair enrichment, in case of damages caused by infringements of Competition Law No. 21/1996, republished, as further amended and supplemented

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