The Romanian High Court quashes a NCA’s decision having imposed a 27 M euro fine for price fixing practices for insufficient proof on the basis, inter alia, of ECJ case law

The Romanian High Court of Cassation and Justice has recently made an application of the principles governing the burden and the level of proof in antitrust cases, overturning decision n° 94/2005 of the Romanian Competition Council as regards the sanction inflicted to one of the undertakings concerned by this decision (referred to hereinafter as the “Plaintiff”). The Challenged Decision Pursuant to its decision n° 94/2005, the Romanian Competition Council sanctioned for price fixing (for the period 2000 - first trimester of 2004) the three main undertakings on the Romanian cement market, which held market shares of 35%, 33% and 30%, respectively. The Competition Council founded its decision on an allegedly parallel increase of the prices applied

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Authors

  • Leroy & Asociatii (Bucharest)
  • Dechert (Paris)

Quotation

Eleonora Udroiu, Bruno Leroy, The Romanian High Court quashes a NCA’s decision having imposed a 27 M euro fine for price fixing practices for insufficient proof on the basis, inter alia, of ECJ case law, 5 March 2007, e-Competitions March 2007, Art. N° 14009

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