1. Investigative powers and other enforcement tools
Bogdan M. Chiritoiu
President of the Romanian Competition Council
6th Competition Forum of Ukraine
March 2-3, 2017, Kiev

2. Overview
RCC – follows the unitary administrative model (Report on Reg1/2003):investigates potential violations, takes final decisions and imposes fines/remedies;
RCC capacity: Cartel Unit, Tenders Department, other 3 departments on sectors, Teritorial Department
Romanian Competition Law - similar provisions to Art. 101 and 102 TFUE

3. Investigation powers (1)
RCC may open an investigation:
- ex-officio
- following a complaint by natural/legal person
Ex-officio cases are prioritised based on:
-potential impact on competition
- general interest of consumers
- strategic importance of the sector

4. Investigation powers (2)
Request for information and documents
Undertakings
Other national public authorities
European Commission and other CA
RCC may receive and use information and documents from other national authorities
-information collected could be used solely for enforcing the competition law
RCC may notify other authorities if information is related to their enforcing competences

5. What we can do during dawn-raids
RCC may perform inspections at business premises and non-premises if neccesary (president order and court warrant)
Copies of documents, search of documents, electronic devices
IT Forensic, copies of hardware
Interviews and declarations
Not allowed to seize original documents
May apply seals
May impose sanctions for non-compliance
May request the police support (opposition, danger, seal broken)

6. What happens post-inspection
IT Forensic performed at RCC premises
Lawyers are present
3 IT Forensic laboratories and 5 IT experts
Time consuming, needs to be refined
Interviews:
A new investigative tool in the competition law
Performed on voluntary basis, but the interviewee is bound to supply accurate and non-misleading information (otherwise fines may be applied)
30 experts trained on interview methods

7. Bid Rigging Module network established in 2011
8 member institutions currently and others in the near future
coordination structure involving a variety of public bodies, which allows fast and reliable flows of information
Bid rigging cases open based on information sharing

8. Exchange of information within the Bid Rigging Module
Intimations received:
Court of Accounts – 3
Directorate for the Investigation of Organized Crime and Terrorism – 2
National Authority for Public Acquisitions – 8
Prime Minister’s Control Body -7
Public Procurement Control and Verification Unit – 8
National Council for Solving Complaints – 6
Investigations opened:
Road marking and IT services – 2
natural gas connection for the gas-supply of a cogeneration power plant and gas transport pipeline – 2
Repair and maintenance county roads - 2

9. Relevant cases Gas infrastructure contracts - 2012
four companies sanctioned for submitting rigged bids in two tenders organized by Transgaz S.A.(the national gas transportation company)
companies agreed on the contents of their submitted bids by exchanging commercially sensitive information ( )
Fine: MEUR 5.5
Oil and gas drilling works -2015
leniency application - one company received immunity
the companies have agreed to share the drilling works, establishing prior the winners of auctions ( )
Fine: MEUR 2.89
Gas infrastructure contracts – on-going
investigation opened in 2014 and extended in 2015, auctions organized by Transgaz in 2011.
Cooperation with the Directorate for the Investigation of Organized Crime and Terrorism

10. Whistleblower platform
Functional as of January 2015
Natural persons only
tool to disclose cartels, including bid riggings
encourage the active implication of civil society
anonymity to natural persons providing the information
No reward
Does not represent leniency policy
More than 130 messages on potential breach of competition law
2016 – first case, Tour operators cartel

11. can only be launched at the explicit request of an undertaking
Leniency programme
Settlement procedure
Similar to the ECN model
The leniency programme offers full immunity or fine reduction in certain cases
Covers cartels and very serious restrictions in vertical agreements (price fixing, market sharing).
4 leniency applications in 2016
can only be launched at the explicit request of an undertaking
express acknowledgment of having participated in an anti-competitive practice will allow for a % reduction of the level of the fine
Where one of the companies participating in the anticompetitive practice benefits from leniency, the reduction applied in the leniency programme cumulated with the reduction for acknowledgement of the anticompetitive practice cannot exceed 60% of the basic amount of the fine.

12. Future plans Big data project: 2017-2019
Main objective: to increase the efficiency in case-handling (use of Big Data processing tools to analyse structured and unstructured data and detect cartels, un-notified mergers, rigged bids and controlling interests)
It will provide:
- access to internal databases (electronic archive, case and document management, media monitoring, State aid Registry, intranet servers)
- access to other databases (Trade Registry, National Agency for Fiscal Administration, Electronic Public Procurement System, Ministry of justice, National Council for Solving Complaints)