Romania

Established Regime

Competition Law 21/1996 (as amended)

Authority: Competition Council (Consiliul Concurentei) | Enforcement: Active

Overview

Romania's competition regime is governed by Competition Law 21/1996, as substantially amended, and enforced by the Competition Council. The Council is an independent authority with broad investigative, decision-making, and sanctioning powers. Romanian competition law mirrors EU Treaty provisions and operates in parallel with EU rules. The Competition Council has become increasingly active, with significant fines imposed in sectors including retail, energy, financial services, and IT. The authority has a strong focus on bid-rigging in public procurement and has conducted several sector inquiries. Romania transposed the ECN+ Directive, strengthening enforcement tools and penalties.

14-Topic Competition Coverage

Competition Authority

Fully Addressed

The Competition Council is an independent authority with full investigative, decision-making, and sanctioning powers. Appeals go to the Bucharest Court of Appeal.

Anti-Competitive Agreements (Horizontal)

Fully Addressed

Article 5 of Competition Law 21/1996 prohibits horizontal cartels including price-fixing, market allocation, and bid-rigging. Major fines in oil and gas, retail, and IT sectors.

Anti-Competitive Agreements (Vertical)

Fully Addressed

Vertical restraints are prohibited under Article 5 where they restrict competition. Active enforcement against resale price maintenance and territorial restrictions.

Abuse of Dominance

Fully Addressed

Article 6 prohibits abuse of dominant position. Cases have targeted incumbents in energy, telecoms, and waste management sectors.

Merger Control

Fully Addressed

Mandatory pre-notification for concentrations exceeding turnover thresholds (combined worldwide turnover of EUR 10 million and combined Romanian turnover of EUR 4 million). Phase I/II review.

Leniency Programme

Fully Addressed

Full immunity or reduced fines under the Competition Council leniency programme. Aligned with the ECN Model Leniency Programme. Growing use in cartel investigations.

Settlement & Commitment

Fully Addressed

Settlement procedure allows fine reductions of up to 10%. Commitment decisions available to close cases with binding undertakings.

Penalties & Sanctions

Fully Addressed

Fines up to 10% of worldwide turnover. Individual fines for directors and managers. Enhanced penalty provisions following ECN+ transposition.

Digital Markets Regulation

Fully Addressed

Romania applies the EU Digital Markets Act. The Competition Council monitors digital markets and has begun investigating platform competition issues.

Sector Regulators

Fully Addressed

ANCOM (telecoms), ANRE (energy), and the National Bank of Romania exercise concurrent regulatory powers. The Competition Council retains primary antitrust jurisdiction.

Dawn Raids & Investigations

Fully Addressed

The Competition Council conducts dawn raids with judicial authorisation. Powers include access to premises, seizure of documents, and copying of electronic data.

Private Enforcement

Fully Addressed

Private damages actions available following transposition of the EU Damages Directive. Civil courts have jurisdiction for competition damages claims.

International Cooperation

Fully Addressed

Active member of the ECN, ICN, and OECD observer. Close cooperation with the European Commission and other CEE competition authorities.