Insolvency | Conseil a la Francaise |
 
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:

Know Your Risks

  • 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

Be Prepared for a Dawn Raid

  • Design a dawn raid procedure.
  • Train your staff on how to react.
  • Ask for legal counsel.

Dawn Raid in place – Basic Rules

  • 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.

Golden Rule: Prevention is better than Cure

  • 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.

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