Post by account_disabled on Dec 20, 2023 22:10:36 GMT -5
ACompetition Law and the possibility of obtaining compensation Competition law minutes AnaMaria Udriste June Emergency Ordinance no. comes to regulate the framework of compensation actions in the field of competition as well as to amend the Competition Law. According to the Governments Emergency Ordinance no. compensation actions under domestic law regulated by Directive EU was officially transposed into the Romanian legal framework. The implementation of the act is the result of the European Commissions actions since January when the European institution informed the Romanian authorities that it had initiated a procedure for violating EU law for noncompliance with the implementation schedule of this Directive.
As originally expected there is a separate regulation for this type of country email list actions distinct from the Competition Law no. on the website of the Competition Council a draft normative act is under public debate but which also modifies the Competition Law. . The main elements of novelty in the field of compensation A The scope of the law and the competent court The Ordinance regulates the right of any person to obtain full recovery of damages resulting from the violation of competition rules. Full recovery of damages includes actual damages lost profits and related interest.
However this should not result in an unfair profit for the victim of the infringement. The claim for compensation will be settled by the Bucharest Court the decision can be appealed to the Court of Cassation and Justice. B The evidentiary regime The competent court may allow the administration of evidence and compel the defendant to provide specific evidence. With respect to information and data in the file of the competition authority the court may require the disclosure of evidence in the file if this information cannot be obtained otherwise. In the case of a prior sanctioning decision the court can request the documents on which the decision of the competition authority was based currently this.