Nulitatea de drept a practicilor anticoncurenţiale
Automatic nullity of anticompetitive practices

Summary/Abstract: Fundamental pillar of the progress and functioning of the economy in a democratic society, commercial competition is an essential concept of the free market economy, where the existence of a single producer or distributor of a good is virtually impossible. It is therefore the responsibility of the state to provide the legal framework regulating the economic activity and, implicitly, the competition of the market players. In order to provide the necessary legal protection, both the national and the European legislator provided the sanction of automatic nullity for any contractual provisions establishing anticompetitive practices. In Romania, according to the Civil Code, the sanction of nullity applies directly, ope legis, without the intervention of the courts which are under a legal duty to declare an agreement void, in every situation where the conditions are met. The purpose of this study is to analyze the situations in which a convention establishes an anticompetitive practice, how the sanction of automatic nullity is applied in this case, and which is the role of the courts on the one hand and of the national competition authority (i.e. Competition Council) on the other hand in this process.

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