INSTITUTIONAL MECHANISMS OF LEGAL PROTECTION AGAINST ANTI-COMPETITIVE PRACTICES IN ROMANIA IN THE CONTEXT OF EUROPEAN COMPETITION LAW

Abstract

This study examines the institutional mechanisms of legal protection against anti-competitive practices existing under Romanian law, analysed in relation to the requirements of European Union competition law. The paper starts from the normative framework established by Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU) and by Regulation (EC) No 1/2003, in order to examine how these provisions have been transposed and adapted into domestic law through Competition Law No 21/1996 and the subsequent normative acts. Particular attention is given to the legal status, independence, and powers of the Romanian Competition Council, the national authority responsible for enforcing antitrust legislation, as well as to the impact of Directive (EU) 2019/1 (the ,,ECN+ Directive”) on the institutional consolidation of that authority. The study further examines the typology of anti-competitive practices – anti-competitive agreements and abuse of dominance – the mechanisms for their detection and sanctioning, and recent case-law developments of the Court of Justice of the European Union, including the judgments delivered on 18 December 2025 in the joined cases concerning abuse of a dominant position. The conclusions of the study highlight both the progress achieved in the institutional alignment of Romania with European standards and the vulnerabilities that persist, in particular regarding the guarantees of independence of the national competition authority and the effectiveness of damages actions for harm caused by anti-competitive practices.