Romanian experience Anca Atomi competition inspector Legal Department Romanian Competition Council Belgrad 7 april 2017 First steps preparations to implement the Directive consultations and meetings between relevant administration bodies ID: 586336
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Directive on Antitrust Damages Implementation-Romanian experience -
Anca Atomi, competition inspectorLegal DepartmentRomanian Competition Council
Belgrad
-7
april
2017Slide2
First steps preparations to implement the Directive (consultations and meetings between relevant administration bodies)Legal form different options Legal amendments of the existing laws Amendments and completion of the Competition Act Drafting a new Act on Antitrust Damages Actions* In Romania damages claims are regulated in different legal acts: Civil Procedural Code and Competition Act.
Transposition of the Directive07/04/20172Slide3
Decision to draft and adopt a completely new Act on Damages Claims for the breach of competition rules Apply the same rules to damages actions for infringements of purely national competition law The RCC prepared the Draft Law cooperation with Ministry of Justice and Ministry of Foreign Affairs Meetings with the lawyers and the judges dealing with damages claim cases Public consultation on the Draft Law
Transposition of the Directive 07/04/20173Slide4
Transposition of the Directive – Main issues Disclosure of evidence COMPETITION ACT Leniency statement can also concern vertical agreements (price fixing, market sharing)DIRECTIVE rules on non disclosability of “black list” documents [Art. 6 (6) to 6(8)]: A leniency statement can only concern cartels ‡ scope of leniency program in Romania
New ACT “black list” includes leniency statements only on cartels.
07/04/2017
4Slide5
Transposition of the Directive – Main issues Joint and several liability Directive ‡ Competition Act SME derogation (no provisions in the national law) Immunity recipient derogation (no joint and several liability in the Competition Act) Transposition Act full compensation always prevails
07/04/20175Slide6
Transposition of the Directive – Main issues Binding effect of final national decisionsInfringement found: by European Commission/ RCC= irrefutable proof of that infringement to the Romanian Courts; by a NCA of another MS = prima facie proof of that infringement to the Romanian Courts. 07/04/2017
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Transposition of the Directive – Main issues Time limits for bringing actions for damages Competition Act 2 years (infringement decision has become final or otherwise terminated) no provisions regarding consensual dispute resolution process/ stand alone cases New provisions: 5 years - suspended investigation of the competition authority consensual dispute resolution process (max. 2 years)
07/04/2017
7Slide8
Future challenges Implementation of the law in practice; Very few cases in the commercial courts – encourage claims; Quantification of damages in competition cases and passing –on overcharges = a challenge for the judges.07/04/20178Slide9
ХВАЛАThank you!www.consiliulconcurentei.ro