Recent developments in antitrust field in Romania relevant for the international practitioner

Throughout its 10 year record, the Romanian Competition Council applied fines amounting in aggregate to €80 million for
the infringements of the domestic antitrust rules. However, the largest part of this amount has been applied during the last few years. This is because, mainly starting 2004, the Competition Council accelerated its inquiries and the related decision-making process and also raised the fines level imposed on the players found ‘guilty’ of anticompetitive practices.

The authority mainly focused on cartel participants in fast moving products industry, cement industry, telecom sector, but also on dominant players, such as former state monopolist railway freight carrier, TV cable operators, etc. In addition, the
Romanian courts are proving more efficient in censoring the Competition Council's assessments and recently overturned some important cases standing as ‘big hits’ in the enforcement practice of the Competition Council in 2005 and 2006.

However, the national courts prove more ‘audacious’ in dismissing the Competition Council' arguments based on procedural grounds, and rather still reluctant in going into complex analysis on the merits of an antitrust case.

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