Romania: the Competition Council keeps an eye on bid rigging

In 2013, the Romanian Competition Council finalised five investigations concerning bid-rigging infringements (amounting to almost a quarter of the authority’s investigations on competition law infringements), of which one led to fines of €2.8m (£2.2m) and the other four were closed for lack of evidence. Last year, the competition authority also launched two new investigations on possible bid-rigging infringements. The average duration for investigation of this type of infringement is approximately two years.

In recent years, the Competition Council has focused a significant part of its resources on the fight against bid rigging and also for its prevention.

The illegal practice of bid rigging exposes the concerned undertakings to fines of up to 10 per cent of their total annual turnover; in addition, the involved individuals (such as managers, legal representatives of the company or any other individuals that hold management positions) may face criminal charges (the felony of misappropriation of public tenders provided for in the Criminal Code is sanctioned with up to five years of jail time). Moreover, unlike the other competition law infringements provided for in article 5 (correspondent of article 101 TFEU) of Competition Law no. 21/1996 in Romania, the undertakings involved a bid-rigging infringement may not apply for leniency and the involved individuals cannot seek immunity from criminal liability…

Click on the link below to read the rest of the Schoenherr briefing.

Sign in or Register to continue reading this article

Sign in

Register

It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer

 

Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.

 

Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.

 

Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from Schoenherr

View more briefings from Schoenherr

Analysis from The Lawyer

Overview

Schottenring 19
1010, Vienna
Austria
http://www.schoenherr.eu/

Turnover (€m): 66.60
Jurisdiction: Austria