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Avocat Bogdan Lamatic - Drept Penal Bucuresti
Office in Bucharest, serves Otopeni, Romania
Consultation Free · 30 minutes

Founded in 2007
English
Romanian
Lawsuits & Disputes Antitrust Litigation ADR Mediation & Arbitration +9 more
Criminal Defense Lawyer in Bucharest, Romania “In criminal law, trust can save lives. I listen to your story. I understand your fears. I defend your rights as if they were my own.” attorney Bogdan Lamatic - 18 years by your side !   You will receive: total commitment. respect. absolute...
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Romania Antitrust Litigation Legal Questions answered by Lawyers

Browse our 1 legal question about Antitrust Litigation in Romania and read the lawyer answers, or ask your own questions for free.

Can my Romanian SME sue a dominant supplier for refusing to sell unless we accept exclusivity?
Antitrust Litigation
We buy key inputs from a large supplier who now says they will only continue deliveries if we sign an exclusivity clause and stop buying from competitors. This is causing shortages and we may lose contracts. What evidence do we need and can we claim damages in court?
Lawyer answer by Florin Vasilescu Cabinet de Avocat

Hello, better get a lawyer to see the case and build entire strategy

Read full answer
1 answer •

When a competition dispute in Otopeni calls for a lawyer

Competition law disputes in Otopeni can involve businesses serving Henri Coandă International Airport, local hotels, transport operators, logistics providers, suppliers, or other companies trading in Ilfov County. Issues may include suspected price-fixing, bid-rigging, abuse of a dominant position, or restrictive supply and distribution terms.

Romanian and EU competition rules apply in Otopeni. The Romanian Competition Council investigates many suspected infringements, while court proceedings may concern an appeal against its decision or a claim for compensation. The correct route depends on the conduct, the parties, and where the effects occurred.

Situations where legal advice may be important

  • Your company suspects that suppliers serving Otopeni businesses coordinated prices or divided customers, affecting its purchasing costs.
  • You believe a dominant airport-related service provider or other local supplier is applying discriminatory terms or refusing access without a lawful reason.
  • Your business is responding to a Competition Council investigation, inspection, or information request concerning its contracts or communications.
  • You are preparing a public procurement bid in Ilfov and suspect competitors coordinated their offers or agreed not to compete.
  • A distribution, exclusivity, or supply agreement for a hotel, transport, or logistics business may restrict competition or expose the company to an investigation.
  • Your business or customers suffered losses from an established competition infringement and want to assess a compensation claim.

Romanian and EU rules that may apply

Competition Law no. 21/1996 is Romania’s main competition statute. It prohibits agreements and conduct that restrict competition and gives the Competition Council investigation and enforcement powers.

Government Emergency Ordinance no. 39/2017 sets rules for claims seeking compensation for competition-law infringements and amended Competition Law no. 21/1996. It implements the EU framework for private damages actions.

Regulation (EC) No. 1/2003, applicable since 1 May 2004, governs enforcement of EU competition rules, including Articles 101 and 102 of the Treaty on the Functioning of the European Union. Those EU rules may apply where conduct affects trade between EU Member States.

Frequently asked questions

What does competition law litigation cover?

It can include court challenges to decisions by the Romanian Competition Council and claims for compensation for losses caused by competition infringements. Some disputes also involve evidence, contract terms, or related proceedings before the authority.

Do all competition disputes in Otopeni go to a local court?

No. The relevant court depends on the type of case and procedural rules, not simply on the business’s address. Challenges to Competition Council decisions are generally heard by the Bucharest Court of Appeal.

Can a business seek compensation without a Competition Council decision?

A damages claim may be possible, but the claimant must prove the infringement, loss, and connection between them under the applicable rules. A prior authority decision can affect what must be proved, so a lawyer should assess the evidence and procedural position.

How soon must a Competition Council decision be challenged?

The deadline is short: challenges to Council decisions are generally brought within 30 days of communication. The decision and applicable procedural rules should be checked immediately, because missing a deadline can affect the right to challenge.

Can a customer or supplier bring a damages claim?

A person or business that suffered loss from an infringement may be able to claim compensation, including in some circumstances an indirect purchaser. The claimant must establish its loss and avoid recovering the same harm twice.

What might legal representation cost?

Lawyer fees depend on the dispute’s value, evidence, urgency, and whether the matter involves an investigation, appeal, or damages claim. Court fees may also apply and depend on the type and value of the claim; request a written fee proposal before engagement.

How long does a competition case take?

There is no single timeline. An authority investigation, court challenge, or damages action can take many months or longer, depending on evidence, procedural steps, and appeals.

What documents should I bring to an initial meeting?

Bring relevant contracts, invoices, bids, price lists, emails, meeting records, and any Competition Council correspondence. A dated timeline and a clear estimate of the alleged loss can help the lawyer identify urgent steps.

What should a business do during a Competition Council inspection?

Follow lawful instructions, preserve relevant records, and avoid obstructing officials or altering documents. Contact competition counsel promptly and keep a record of the inspection and materials requested.

Can a dispute involve both Romanian and EU competition rules?

Yes. EU rules may apply when the conduct is capable of affecting trade between Member States, alongside Romanian law. A lawyer can assess the geographic scope and whether the Romanian Competition Council or European Commission may be relevant.

Is a complaint to the Competition Council the same as a lawsuit?

No. A complaint asks the authority to examine suspected conduct and decide whether to investigate or take enforcement action. A court claim may instead seek compensation or challenge an authority decision.

Official resources

  • Romanian Competition Council (Consiliul Concurenței): investigates competition concerns, enforces Romanian competition rules, and publishes guidance and decisions.
  • Bucharest Court of Appeal: hears challenges to Competition Council decisions under the applicable Romanian procedure.
  • European Commission, Directorate-General for Competition: provides information on EU competition enforcement and handles cases within the Commission’s remit.

Steps to find and hire a competition law lawyer

  1. Within a day, preserve the record. Secure contracts, correspondence, bids, invoices, and authority notices; do not delete or alter potentially relevant material.
  2. Write a short case chronology. Identify the companies involved, key dates, relevant Otopeni or Ilfov operations, and the suspected conduct or decision.
  3. Within a few days, identify suitable lawyers. Look for Romanian counsel with competition-law investigation, appeal, or damages-claim experience relevant to your issue.
  4. Verify professional status. Check the lawyer’s authorization through the Romanian National Union of Bar Associations or the relevant bar, and ask who will handle the work.
  5. Arrange an initial consultation promptly. Share the chronology and key documents, especially if an inspection, information request, or court deadline is pending.
  6. Compare written proposals before engagement. Confirm the scope, fee basis, likely additional costs, immediate tasks, and who will communicate with the authority or court.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

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