Cartel conduct is criminalised by Competition Law No.21/1996 as amended.
The offence
It is a criminal offence to participate with fraudulent intent in a way that is decisive to the initiation, organisation or performance of the practices prohibited by article 5(1) of Competition Law No.21/1996.
Pursuant to article 5(1), any agreements between undertakings, decisions by associations of undertakings and any concerted practices that have as their object or effect the restriction, prevention or distortion of competition in the Romanian market or in a part thereof are prohibited, especially those aimed at:
- fixing prices and trading conditions;
- limiting or controlling production, marketing, technical development or investments;
- sharing markets or supplies;
- applying discriminatory terms for equivalent services;
- conditioning the conclusion of contracts upon the acceptance of additional services that are not related to these contracts;
- bid rigging;
- eliminating competitors from the market;
- limiting or preventing access to the markets; and
- agreeing not to buy from or sell to certain undertakings without reasonable justification.
Sanctions
Individuals
Between six months’ and three years’ imprisonment or a fine.
Corporations
Criminal fine.
