Competition Law – effects of the new Criminal Code and Criminal Procedure Code:
- The competition inspectors may no longer inspect the premises, land or vehicles legitimately held by the undertakings or associations of undertakings being investigated, or any site used for carrying on their business activities, in the absence of a prior judicial authorization issued by decision of the President of the Bucharest Court of Appeal or by a judge designated by the President for this purpose.
- Only the individuals holding a management position (directors and legal representatives included) within an undertaking can receive a prison sentence for devising or organizing the anti-competitive practices set forth under art. 5 par. (1) of the Competition Law (which do not benefit from the exemption under par. (2) of the same article).
The maximum prison sentence for the actions above has been raised from 3 to 5 years.
- The persons holding a management position in an undertaking may benefit, under certain circumstances, from immunity or from serving half a sentence for the offence mentioned above.