1. What are the competition rules applicable in Romania?
Competition Law No. 21/1996 (Competition Law) stands at the core of competition legislation in Romania. The provisions on competition set forth in Articles 101 and 102 of the Treaty on the Functioning of the European Union (Treaty/TFEU) also apply directly. As provided by Article 5(6) of Competition Law, when applying national competition rules, the Romanian Competition Council will also apply Articles 101 and 102 of the Treaty where there is an effect (or a potential effect) on trade between Member States.
Second-tier norms issued by the RCC for the application of Competition Law, together with EU guidelines and regulations, are relevant as well.
In addition, Government Emergency Ordinance No. 170 of 16 October 2020 on actions for damages in case of breach of competition law (GEO 39/2017) sets forth an extensive procedure with regards to claims for damages arising from anticompetitive behaviour.