Emergency Ordinance (O.U.G.) no. 170/2020 for the amendment and completion of the Competition Law no. 21/1996

In the Official Gazette no. 952 of October 16, 2020, was published O.U.G. no. 170/2020 on actions for damages in cases of violation of the provisions of competition law, as well as for amending and supplementing the Competition Law no. 21/1996, which transposes into national law the objectives set out in Directive 2014/104 / EU of the European Parliament and of the Council of 26 November 2014 on certain rules governing actions for damages under national law in the event of infringements of competition law Member States and the European Union.

The transposition had to be done by December 27, 2016, the European Commission drawing attention to the financial sanctions that may be imposed by the Court of Justice of the European Union, if it will be notified in connection with Romania’s failure to communicate the national measures transposing the directive adopted under a legislative procedure. The fine sanctioning the behavior of the state for not transposing a directive before the notification of the Court of Justice of the European Union, according to the communication of the European Commission [C (2016) 5091], represents a lump sum which, in the case of Romania, is at least 1,849,000 euros .

The law regulates the right of any person who has suffered damage caused by an infringement of competition law by an undertaking or association of undertakings to seek full compensation from the competent courts.