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Avocat Bogdan Lamatic - Drept Penal Bucuresti
Office in Bucharest, serves Sector 4, 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 a competition-law case in Sector 4 involves

Competition-law disputes in Sector 4 are governed by Romanian law and, where trade between EU countries may be affected, EU competition rules. They can concern suspected cartels, abuse of a dominant position, restrictive supply or distribution terms, or a challenge to a Competition Council decision.

A Sector 4 address does not create a separate local competition-law procedure. The Competition Council investigates alleged infringements nationally, while court jurisdiction depends on the type of claim and applicable procedural rules, not simply where a business is based.

A business or individual seeking compensation may bring a civil damages claim, separately from a complaint to the Competition Council. A lawyer can assess evidence, identify the proper court, and check deadlines before a claim or appeal is filed.

When you may need a competition-law lawyer

  • Your Sector 4 business receives a Competition Council request for information, inspection notice, or statement of objections, and needs to protect its rights while responding.
  • You suspect competitors coordinated bids for a construction, maintenance, or supply contract serving Sector 4, and need to assess evidence and reporting options.
  • A supplier or distributor has imposed exclusivity, resale restrictions, or other terms that may restrict competition and affect your business.
  • Your company lost sales or paid inflated prices because of a suspected cartel, and is considering a claim for compensation.
  • You have received a Competition Council decision and need to assess whether, where, and by when it can be challenged.
  • Your business is planning a merger or acquisition that may require notification to the Competition Council or review under EU rules.

Romanian and EU laws that may apply

  • Competition Law No. 21/1996 is Romania's principal competition statute. It prohibits anti-competitive agreements and abuse of dominance, and sets out the Competition Council's enforcement powers and procedures. It has been amended over time, so the version applicable to the conduct and decision date matters.
  • Government Emergency Ordinance No. 39/2017 on actions for damages for infringements of competition law sets rules for private compensation claims, including evidence disclosure and aspects of limitation periods. It was adopted in 2017 to implement the EU Damages Directive.
  • Regulation (EC) No. 1/2003 governs enforcement of EU competition rules by the European Commission and national competition authorities and courts. It has applied since 1 May 2004.

Frequently asked questions

What counts as a competition-law infringement?

Examples include competitors agreeing on prices or bids, and a dominant business imposing abusive terms. Whether conduct is unlawful depends on the market, evidence, and its effect on competition.

Can a Sector 4 resident or business seek compensation?

Yes, a person or business that suffered loss because of a competition-law infringement may be eligible to claim damages. The claimant must establish the relevant infringement, loss, and causal connection under the applicable rules.

Should I complain to the Competition Council or bring a court claim?

A complaint asks the Competition Council to investigate and enforce competition rules; it does not itself award damages to the complainant. A compensation claim is brought in court, and the routes may be pursued separately or in sequence.

Which court handles a competition-law case from Sector 4?

It depends on whether the matter is a challenge to a Competition Council decision or a private damages claim. The claimant's Sector 4 address alone does not determine jurisdiction, so obtain advice before filing.

How long do I have to challenge a Competition Council decision?

Competition Act procedures provide a short challenge period, generally 30 days for relevant decisions. The deadline and start date can depend on the decision and service details, so check the notice immediately.

Is there a time limit for a damages claim?

Competition damages claims are subject to limitation rules under Romanian law, including rules on when the period starts and how an investigation may affect it. The exact deadline depends on the facts and should be calculated promptly.

How long does competition litigation take?

There is no fixed completion time for every case. An investigation, appeal, or damages claim may take months or longer, depending on evidence, expert analysis, court proceedings, and any appeals.

What evidence should I preserve?

Keep contracts, invoices, bid documents, price lists, emails, messages, and records of negotiations or lost business. Do not alter or delete potentially relevant material, especially after receiving an official request or legal notice.

Can I claim if a supplier passed the overcharge on to my customers?

Passing on some or all of an overcharge may affect the amount of recoverable loss. The court may examine the evidence and the economic effect rather than assume that the original purchaser either did or did not suffer harm.

What does a competition-law lawyer cost?

Fees depend on the case's complexity, urgency, evidence, and the work agreed. Ask for a written explanation of fees, likely additional expenses, and whether the engagement covers an investigation, court claim, or appeal.

Can I use a lawyer who is not based in Sector 4?

Yes. A lawyer does not generally need an office in Sector 4 to advise on Romanian competition law or represent a client in Bucharest proceedings. Check relevant competition-law experience and current professional status.

Official resources

  • Romanian Competition Council (Consiliul Concurenței): investigates competition-law concerns, provides information about its procedures, and publishes decisions and guidance.
  • Bucharest Court of Appeal (Curtea de Apel București): consult its official information for court procedures and cases within its jurisdiction, including relevant challenges to Competition Council decisions.
  • Bucharest Bar (Baroul București): use its official professional information to check a lawyer's status and locate admitted lawyers.

Steps to find and hire a competition-law lawyer

  1. Identify the immediate issue. Within a day, note whether you face an investigation, need to challenge a decision, or seek damages, and record every deadline shown in notices.
  2. Preserve relevant material. As soon as possible, secure contracts, correspondence, pricing records, bids, and financial documents; avoid deleting or changing records.
  3. Shortlist suitable lawyers. Over the next few days, look for lawyers with Romanian competition-law experience in investigations, appeals, or damages claims matching your issue.
  4. Check professional status. Use the Bucharest Bar's official resources to confirm the lawyer's current status before agreeing to representation.
  5. Arrange an initial assessment. Provide the key documents and ask about legal routes, jurisdiction, deadlines, evidence gaps, and risks. Ask whether urgent protective steps are needed.
  6. Agree the engagement in writing. Confirm the work covered, fees, likely expenses, who will handle the matter, and how updates and deadlines will be managed.

Lawzana helps you find the best lawyers and law firms in Sector 4 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.