Is your company subject to an ongoing investigation?
Are you ready to face a dawn raid from the Romanian Competition Council
or from the European Commission?
In a nutshell, here is what you should consider:
-
Extremely large fines
Up to 10% of the total turnover obtained by the company in Romania, if the fine is applied by the Romanian Competition Council; or
Up to 10% of the global turnover obtained by the company worldwide, if the fine is applied by the European Commission.
-
Wasted time
-
Reputation damages
-
Contract enforcement issues (null clauses)
-
Legal actions being filed for damages
-
Criminal charges
- Design a dawn raid procedure.
- Train your staff on how to react.
- Ask for legal counsel.
- Always bear in mind that you are under the legal obligation to actively cooperate with the competition investigators. Refusal to do so can be fined by the competition regulator.
- Do allow investigators to enter the premises.
- Do not keep investigators waiting unreasonably.
- Check and make a copy of the investigators’ identity documents. Identify the investigators’ team leader.
- Invite the investigators to wait in a separate room and do not leave them alone.
- Tell the investigators someone will come to meet them.
- Contact the legal department or management immediately.
- Call our dawn raid hotline for immediate support.
- Make sure your staff understands the company’s competition policy.
- Carry on an in-depth assessment of your business practices with experienced competition lawyers.
- Implement a continued competition compliance program and regularly train your staff on good business practices.
|