Competition Council irrevocably won another two lawsuits: against ENI Romania and against Rompetrol

The High Court of Cassation and Justice(ICCJ – Supreme Court) has ruled in favour of the Competition Council in another two lawsuits, after the one won against Mol Romania. Thus, on Thursday, the Competition Council won the lawsuits against ENI Romania and Rompetrol, accused of violating the competition law through participation to a cartel agreement, along with other companies active on the fuel market. The two companies managed to obtain the court’s decision on reduction of fines: from 2.6% to 2% of turnover in both cases.

Eight days ago, MOL Romania lost the lawsuit against the Competition Council, following the decision of the High Court of Cassation and Justice (ICCJ – Supreme Court) confirming that this company participated in a cartel agreement, along with other companies on the fuel market in Romania. The verdict is final.
ICCJ decided however that the initially set fine to be decreased from RON 80.2 million to RON 64 million.
At the end of 2011, the Competition Council sanctioned six oil companies with a fine of nearly RON 880 million (EUR 205 million) for setting up a cartel.
OMV Petrom, OMV Petrom Marketing, Rompetrol Downstream, ENI Romania, MOL Petroleum and Lukoil Romania were fined because they reached an understanding to get off the market an assortment of gasoline, Premium Eco, which violated the Competition Act.
The fine represented 3% of the turnover registered in 2010 by these companies. Petrom has received the highest penalty because, according to the competition authority, was the initiator of the cartel.
At the time, the decision was an unprecedented one not only in Romania, but also in Europe.
Original fines by the Competition Council:
– SC OMV Petrom SA – RON 366,530,965
– SC OMV Petrom Marketing SRL – RON 137,288,031
– SC Lukoil Romania SRL- RON 136,894,846
– SC Rompetrol Downstream SRL – RON 159,553,612
– SC Mol Romania Petroleum Products SRL – RON 80,267,746
– SC ENI Romania SRL – RON 11,194,766

Competition CouncilENIICCJlawsuitlukoilMOLOMV PetromPetromRompetrolsupreme court
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