Competition Council analyzed and authorized 104 transactions, a record in the past 21 yrs

COMPLETED INVESTIGATIONS. FINES

The Competition Authority completed 18 investigations in 2024, the highest number in the last seven years, imposing fines totaling 368.54 million lei (73.7 million euros). Of this amount, approximately 63% represents sanctions for agreements between companies.

Some of the most significant fines include:

• 217.9 million lei (43.7 million euros) for Holcim România SA, Romcim SA, and Heidelberg Materials România SA for coordinating pricing policies.
• 128.4 million lei (25.81 million euros) for Boehringer Ingelheim RCV GmbH & Co KG (Austria) for abuse of dominant position in the Romanian market for chronic obstructive pulmonary disease (COPD) treatment drugs.
• 5.96 million lei (1.2 million euros) for six companies operating in the book supply market, as well as the Romanian Publishers Association (AER), for participating in an anti-competitive agreement.
• 3.49 million lei (approximately 700,000 euros): The National Railway Supervision Council (CNSDF), part of the Competition Council, sanctioned Grup Feroviar România for failing to comply with measures imposed by the national regulatory body and for not allowing all railway transport operators access to the service infrastructures it operates at the CF Palas station in the Port of Constanța.
• 3.35 million lei (approx. 670,000 euros) for OKI Europe Limited for restricting exports, setting resale prices, and monitoring them between October 2015 and March 2020.

INITIATED INVESTIGATIONS

In 2024, the authority initiated 14 investigations in sectors such as energy, IT (Cisco and its partners), the sports articles market (Nike European Operations Netherlands B.V.), and dental services. Of the total investigations opened, 57% involve cartel-type agreements.

In the area of unfair competition, the first investigations were launched regarding unfair commercial practices between enterprises within the agricultural and food supply chain (Profi – Prăvălia D’art, which was resolved through mediation) and the exploitation of superior bargaining positions (the market for vehicle repair services covered by RCA insurance and the sale of liquefied medical oxygen).

UNANNOUNCED INSPECTIONS

Last year, 11 unannounced inspections were carried out at 48 offices/locations, including one at a company headquarters in the Netherlands, conducted with the support of the competition authority in that country.

ONGOING INVESTIGATIONS

At the end of 2024, there were 49 ongoing investigations into possible violations of the Competition Law, with about half involving cartel agreements.

RELATIONS WITH THE COURTS

Court rulings followed the trend of recent years, with 94% of High Court of Cassation and Justice (ICCJ) decisions being favorable to the Competition Council.

At the same time, courts upheld 96% of the contested fines’ value.

STATE AID

The Competition Authority focused on the development and approval at the European level of support measures funded by both EU funds (including PNRR) and national funds, totaling over 81.6 billion lei. It was also involved in the restructuring of state-owned companies, including CFR Marfă, Carpatica Feroviar, and Tarom.

LEGISLATION, OPINIONS, AND RECOMMENDATIONS

In 2024, the Competition Council issued over 350 opinions, viewpoints, responses, and interpellations regarding state aid and competition.

Of these, 212 represented recommendations/observations on draft legislation, with approximately 77% being adopted by policymakers.

Key measures in which the Competition Council was involved include:

• PNRR – supporting authorities in drafting, endorsing, and implementing state aid schemes.
• CONSTRUCTPLUS – the national program for developing domestic production of construction products and materials.
• Energy – analyzing regulatory projects for the Contracts for Difference (CfD) mechanism for low-carbon technologies.
• RCA insurance – issuing recommendations for extending the price freeze on mandatory liability insurance (RCA).
• Monitoring the effects of regulations on limiting commercial markups for certain food products.
• Completion of the implementation of the ECN+ directive.

INTERNATIONAL RELATIONS

Romania received formal approval for accession from the Competition Committee of the Organisation for Economic Co-operation and Development (OECD), following the completion of the evaluation process in this field.

The Competition Council will coordinate a new EU-funded project providing assistance to the Competition Authority of Moldova, in partnership with competition authorities from Lithuania and Poland.