Rusandra Sandu, Partner and Luiza Bedros, Counsel - Noerr

article by Rusandra Sandu, Partner and Luiza Bedros, Counsel at Noerr

The Romanian Competition Council has issued a statement to reassure markets that companies may take justified measures aimed at preventing or limiting the outbreak of the novel coronavirus. At the same time, it emphasised that such measures should not trigger hard-core restraints of competition.

Based on the recent recommendation of the National Committee for Special Emergency Situations aimed at decreasing congestion in commercial premises, companies may implement measures to reduce the number of employees working and hours worked. Moreover, managers of online trade platforms may impose measures to limit unjustified price increases on essential products.

The Competition Council has sent a clear message that it will closely monitor the behaviour of undertakings during this crisis and advises all companies not to take advantage of this unprecedented period by:

• increasing prices without objective reasons;
• exchanging sensitive information;
• eliminating competitors from the market;
• abusing their dominant position;
• concluding anticompetitive deeds or collaborating with competitors.

Therefore, firms should continue to ensure that their commercial behaviour remains compliant with antitrust law, especially during these difficult times. The competition authority remains vigilant and will not hesitate to hold accountable any firm that violates antitrust laws. Both consumers and companies are encouraged to report to the Competition Council any anticompetitive practices they notice on the market.