The Romanian High Court of Cassation and Justice confirms the right to compensation of a company that suffered damages following the imposition of discriminatory conditions by the incumbent postal service provider in relationship with its customers (Mailers Serv / Compania Nationala Posta Romana)

On 28.7.2011, Mailers Serv S.R.L. (in insolvency) brought an action for damages before the Tribunalul Bucuresti, Sectia Civila [1] against CNPR claiming the difference of the discounts that would have received as a customer of CNPR if the latter would have applied the same conditions as to the competitor Infopress Group S.A. during 1.4.2005-31.1.2011. The damages allegedly caused by this conduct of CNPR, representing anti-competitive practices prohibited by Article 6 of the Romanian Competition Law no 21/1996 and Article 102 TFEU, were quantified by plaintiff at the amount of 5,362,184.50 lei [2]. The plaintiff argued that anti-competitive practices were found by the Decision No 52/16.12.2010 of Consiliul Concurentei [3], this administrative act being at that moment subject to

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  • Romanian Competition Council (Bucharest)

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Cristina Butacu, The Romanian High Court of Cassation and Justice confirms the right to compensation of a company that suffered damages following the imposition of discriminatory conditions by the incumbent postal service provider in relationship with its customers (Mailers Serv / Compania Nationala Posta Romana), 23 November 2016, e-Competitions Bulletin November 2016, Art. N° 83776

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