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Avocat Bogdan Lamatic - Drept Penal Bucuresti
Office in Bucharest, serves Sector 1, 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 •

What competition litigation in Sector 1 can involve

Competition law litigation can involve challenging a Competition Council decision, defending a company under investigation, or seeking compensation for harm caused by an infringement. The issues may concern cartel conduct, abuse of a dominant position, merger control, or restrictions in commercial agreements.

Sector 1 has no separate competition-law rules or specialist local court. The Competition Council is a national authority based in Bucharest, and challenges to its decisions are heard by the Bucharest Court of Appeal. Damages claims follow the applicable civil-court jurisdiction rules, which do not depend solely on a business being based in Sector 1.

A lawyer can assess whether the matter belongs before the Competition Council, a Romanian court, or an EU institution. They can also help preserve evidence, meet filing deadlines, and coordinate a court case with any ongoing authority investigation.

When a lawyer may be necessary

  • Your Sector 1 business receives a Competition Council decision or formal request for information and must assess its response or appeal options.
  • Your company is accused of coordinating prices, bids, customers, or supply terms in a Bucharest public procurement or commercial market.
  • A supplier or distributor imposes terms that may restrict your business’s ability to sell or compete in Sector 1.
  • You believe a competitor’s conduct has excluded your business from customers or supplies, and you need to assess whether it may amount to abuse of dominance.
  • Your business or customers may have paid higher prices because of a cartel affecting goods or services sold in Sector 1.
  • A proposed acquisition involving a business operating in Sector 1 may require merger-control review before completion.

Romanian and EU rules that may apply

  • Competition Law no. 21/1996: Romania’s main competition statute. It governs restrictive agreements, abuse of dominance, merger control, the Competition Council’s powers, and court challenges to Council decisions.
  • Council Regulation (EC) No 1/2003: Applies EU competition rules through national authorities and courts. It has applied since 1 May 2004; Articles 101 and 102 of the Treaty on the Functioning of the European Union address restrictive agreements and abuse of dominance.
  • Government Emergency Ordinance no. 39/2017: Romania’s framework for actions seeking damages for competition-law infringements. Adopted in 2017, it transposed the EU Damages Directive, Directive 2014/104/EU.

Applicable rules and filing deadlines depend on the type of case and the decision or conduct involved. A lawyer should check the current consolidated legislation and calculate deadlines from the relevant documents.

Frequently asked questions

What does competition law litigation cover?

It covers court disputes arising from alleged breaches of competition rules. These can include appeals against authority decisions and claims for compensation for loss caused by an infringement.

Do I need a lawyer if the Competition Council contacts my business?

Legal advice is useful before responding to a formal request, inspection, or statement of objections. A lawyer can explain the scope of the request, help protect confidential information, and identify procedural deadlines.

Where can a Competition Council decision be challenged?

Competition Council decisions can generally be challenged at the Bucharest Court of Appeal. Romanian law provides a 30-day period from communication for challenging decisions, so obtain advice promptly and check the applicable decision-specific rules.

Can a customer or business claim compensation?

A person or business that has suffered harm from an infringement may be able to seek damages. The claimant must establish the relevant legal requirements, including harm and a connection between the infringement and that harm.

Can I complain to the Competition Council instead of going to court?

You can submit information or a complaint to the Council for it to assess under its powers. A complaint does not itself guarantee an investigation or compensation, and it may not replace a court claim.

How long do competition damages claims take?

There is no single timetable for every case. Duration depends on the evidence, expert analysis, court schedule, appeals, and whether a Competition Council investigation is also underway.

What is the deadline for a damages claim?

Competition damages claims are subject to limitation rules, including rules about when time begins and how authority proceedings affect the period. Do not assume the deadline runs only from the date you first noticed a loss.

What might hiring a competition lawyer cost?

Fees depend on the dispute’s value, urgency, evidence, and procedural stage. Ask for a written estimate that separates initial advice, authority proceedings, court work, and likely external costs such as expert evidence.

Can a small business bring a competition claim?

Business size alone does not determine eligibility. The key question is whether the business has a legally supportable claim or defence and can provide evidence relevant to it.

Is an appeal against a Council decision the same as a damages claim?

No. An appeal challenges the legality of an authority decision, while a damages claim seeks compensation for loss. The cases may involve related facts but have different purposes and procedural requirements.

Can evidence from a Competition Council case help in court?

Some authority findings and records may be relevant in later proceedings, subject to applicable disclosure and confidentiality rules. A lawyer can assess which documents may be used and how to request or protect them.

Official resources

  • Romanian Competition Council: The national authority responsible for enforcing Romanian competition rules, reviewing certain mergers, and publishing decisions and guidance.
  • Bucharest Court of Appeal: The court that hears challenges to Competition Council decisions under the applicable statutory procedure.
  • National Union of Romanian Bars (UNBR): The professional body whose official information can help you check Romanian lawyer registration and professional rules.

Steps to find and hire a competition litigation lawyer

  1. Secure documents and note deadlines. Preserve decisions, letters, contracts, bids, invoices, and relevant messages. If an authority decision has arrived, seek advice immediately because appeal periods can be short.
  2. Define the issue. Write a brief chronology, identify the parties and markets involved, and state whether you need a defence, appeal, complaint, or damages claim. Allow one or two days to assemble an initial file.
  3. Find suitable candidates. Look for Romanian lawyers with competition-law and court-dispute experience. Check their professional status through official bar information.
  4. Arrange an initial consultation. Ask how the lawyer would assess jurisdiction, evidence, deadlines, confidentiality, and any parallel Competition Council process. Share relevant documents securely.
  5. Compare written proposals. Request the proposed scope, responsible lawyer, fee basis, likely disbursements, and any excluded work. Compare proposals before authorising substantive work, unless an urgent deadline requires faster action.
  6. Confirm the engagement in writing. Review the legal-services agreement, fee terms, communication arrangements, and authority to act. Agree on immediate filing or evidence-preservation steps.

Lawzana helps you find the best lawyers and law firms in Sector 1 through our directory of legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Antitrust Litigation, experience, and client feedback.

Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.

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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.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.