Government Emergency Ordinance 39/2017 of 31 May 2017 transposed the EU Directive on Antitrust Damages Actions (2014/104/EU) into national law and made a number of other amendments to the Competition Law (21/1996), including as follows:
• The definition of an undertaking has been modified.
• Undertakings that engage in the modern trade of foodstuffs and non-foodstuffs must submit the prices of their traded goods to the Competition Council on request. Failure to comply may result in fines of up to Lei50,000 (approximately €10,890).
• The Competition Council can make recommendations to the competent authorities to modify legal enactments that adversely affect competition.
• Express provisions have been added to the effect that, during a dawn raid, information stored or archived in electronic format can be copied and collected. Sampling of the relevant information must take place at the Competition Council’s premises in the presence of the concerned undertaking.