Question 1

May we discuss prices or volumes at a trade association?

Accepted Answer

Future or individualised prices, planned volumes, customers and commercial strategies should not be discussed with competitors. Historical data that is sufficiently aggregated and handled by an independent third party may present a different risk, but the format should be reviewed before the exchange. If a meeting turns to sensitive subjects, the company representative should object, leave if necessary and ensure that their position is recorded.

Question 2

May we recommend a distributor's resale price?

Accepted Answer

A recommended or maximum price may be permitted under the applicable rules. It must not be turned into a fixed or minimum price through threats, suspended supplies, withdrawn incentives or other pressure. The agreement and sales team's conduct should be reviewed together.

Question 3

Is every exclusive or non-compete term prohibited?

Accepted Answer

No. Its effect depends on the parties' position, duration, products, territory, access to customers and the other restrictions in the agreement. Some agreements benefit from a block exemption, while others require individual assessment. A standard clause should not be adopted without checking the particular circumstances.

Question 4

Is it unlawful for a company to hold a dominant position?

Accepted Answer

No. Abuse of a dominant position is prohibited, not dominance itself. Market share matters but does not decide the issue by itself. Customer alternatives, barriers to entry, buyer power and the actual effect of the conduct also matter.

Question 5

What should we do in the first minutes of a dawn raid?

Accepted Answer

Notify management and legal counsel immediately, check the order and authorisation, appoint people to accompany the inspectors and keep a log of requests. Do not obstruct access or delete, conceal or alter information. Employees should answer factual questions accurately and avoid speculation.

Question 6

Can we seek leniency if we discover a possible cartel?

Accepted Answer

Potentially, if the conduct and company fall within the programme and the applicable conditions are met. Timing and the value of the evidence may affect immunity or a reduction of the fine. The position should be assessed quickly and confidentially, without destroying documents or alerting other participants.

Question 7

When must an acquisition be notified to the Romanian Competition Council?

Accepted Answer

The national merger control regime currently applies where the combined turnover of the undertakings concerned exceeds the Romanian leu equivalent of EUR 10 million and at least two of them each generated more than the Romanian leu equivalent of EUR 4 million in Romania in the year preceding the transaction. Group and transaction-specific calculation rules apply. EU thresholds and CEISD clearance must be checked separately, and a notifiable transaction must not be implemented before clearance.

Question 8

Which documents are useful for the first discussion?

Accepted Answer

Send the agreement or draft, relevant communications and a short chronology. Products, customers, competitors, market share estimates and any authority document are also useful. For a transaction, we need the control structure and group turnover figures. Do not circulate the material internally more widely than necessary.