July 2025 – The second quarter of 2025 marked a dynamic period for competition law in Romania, driven by significant legislative developments, a surge in merger activity, and the launch of several new investigations. In this Competition Law Update, we highlight the key developments and explore their potential implications for the remainder of the year.
Latest Updates
Legal privilege-related amendments to Romanian Competition Law
As of 26 June 2025, the Romanian Competition Council ("RCC") operates under updated procedural rules concerning the treatment of communications claimed to be protected by legal professional privilege ("LPP") during dawn raids. These changes stem from the enactment of Law No. 111/2025, which approves Government Emergency Ordinance No. 99/2024 and amends Competition Law No. 21/1996, along with related legislation in the competition field.
Under the revised framework, RCC inspectors are now expressly authorised to conduct a preliminary review of the extrinsic elements of documents subject to LPP claims—such as the document's format, title, date, author, recipient, and subject line—in order to assess the prima facie plausibility of the privilege assertion. While this approach aims to enhance procedural clarity, it may raise concerns regarding the potential encroachment on the confidentiality of privileged communications.
Updated guidelines for merger authorisation fees
The RCC has revised its guidelines on the calculation of authorisation fees for merger control procedures, generally resulting in higher fees for certain types of economic concentrations. Notably, the RCC has begun applying the updated provisions to ongoing merger cases as well, by assessing the applicable fee framework based on the legal provisions in force at the date the clearance decision is issued.
Potential RCC merger call-in powers to be introduced in the near future
In line with OECD recommendations and mirroring a broader trend across the EU, the RCC is expected to receive call-in powers for below-threshold concentrations—potentially affecting deal certainty for transactions that currently fall outside the mandatory notification regime. Legislative amendments introducing this mechanism may be adopted before the end of 2025. Whether the RCC will make active use of these new powers or retain them as a precautionary tool remains to be seen.
Merger Control Updates
Throughout the second quarter of 2025, the RCC continued its assessment of several complex transactions involving nuanced competition law considerations. In parallel, the RCC issued a number of unconditional clearance decisions in sectors such as insurance, DIY, automotive, medical devices, nuclear technology, and industrial equipment.
Notably, in May 2025, the RCC launched a public consultation on a proposed set of commitments submitted by Vodafone and Digi in connection with their joint acquisition of Telekom Romania. This followed initial concerns raised by the RCC regarding potential adverse effects on service quality, pricing, mobile data speed, radio spectrum access, and other market parameters.
Another major transaction reviewed during the period was the acquisition of Bricostore Romania by Altex, a leading player in the Romanian household appliances and electronics retail market. The transaction was unconditionally cleared by the RCC. Bricostore Romania, previously owned by Kingfisher Group Ltd., is active in the domestic market for DIY retail products.
New Investigations
The RCC continued its close scrutiny over the automotive sector
In May 2025, the RCC announced the launch of six investigations into the automotive sector, focusing on potential anti-competitive practices in the markets for vehicle maintenance services and spare parts distribution. The RCC is examining whether certain local vehicle importers may have entered into restrictive agreements with their authorised dealer and repair networks, thereby limiting access for independent repair shops and alternative spare parts distributors.
According to the RCC's public statement, dawn raids were conducted at the premises of six importers representing a wide range of automotive brands, including Audi, BMW, Cupra, Dacia, EQ, Hyundai, Mercedes-Benz, Mini, Nissan, Renault, Seat, `koda, Smart, Volkswagen, and Volvo.
Investigation into unfair competition practices in the food supplements market
The RCC also concluded an investigation into unfair competition practices in the dietary supplements market, finding that Sun Wave Pharma engaged in conduct that distorted fair market conditions. According to the RCC, Sun Wave Pharma exerted pressure on its supplier, Geltec Private Ltd., to cease deliveries to one of its competitors, Bleu Pharma. The investigation, initiated in 2024 following a complaint by Bleu Pharma, revealed conduct deemed to undermine market stability and violate the principles of fair competition.
Investigation launched into alleged price-fixing in the pandemic medical equipment market
In April 2025, the RCC launched an investigation into five companies suspected of colluding in public procurement procedures for medical equipment during the COVID-19 pandemic. The alleged conduct includes price-fixing and market-sharing arrangements, potentially in breach of competition rules. The investigation was initiated, in part, based on information received from the Ministry of Investments and European Projects.
If the allegations are confirmed, the companies could face significant sanctions, including administrative fines of up to 10% of their annual turnover, exclusion from future public procurement procedures, and exposure to follow-on damages claims.
Investigation launched into the road signage market
Also, in May 2025—which has proven to be one of the RCC's most active months for launching new proceedings this year—the authority announced the initiation of an investigation into alleged anti-competitive conduct in the road signage works market. The probe targets three companies suspected of coordinating their bids in public procurement procedures, in potential breach of competition rules. The investigation was prompted by a complaint filed by a competitor of the companies under scrutiny.
This latest action follows a series of enforcement measures by the RCC in the same sector, including sanctions imposed on four other companies in recent years for similar bid-rigging practices.
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