Perspectivele răspunderii civile delictuale în materia concurenţei în dreptul românesc, sub impactul Directivei 2014/104/UE
The prospects of civil liability on competition matters in the romanian law under the impact of the Directive 2014/104/UE

Summary/Abstract: In the Official Journal of the European Union no. L 349 of 5 December 2014 was published the Directive 2014/104 / EU of the European Parliament and the Council of 26 November 2014 on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union. The Directive entered into force on 25 December 2014 and will be transposed into national law by the Member States until December 27, 2016. Although the national competition law recognizes the right to action of individuals and / or legal entities for full compensation for the damage caused by a prohibited anticompetitive practice, demarches for establishing the tort liability in the field are insignificant, so we can find in rare situations jurisprudential solutions. Currently, infringements of national competition law are sanctioned by the Competition Council by imposing pecuniary penalties, proportional to the turnover of the companies that have committed anticompetitive acts, but also by the application of criminal sanctions, without those two public measures being accompanied in most cases by full coverage of damage caused to injured persons. European legislative efforts for a clear regulatory framework of civil liability for infringement on competition law will certainly find an echo in national legislation and will encourage the formulation of individual and collective actions for damages.

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