The complaints must be submitted by the individuals or legal persons having a legitimate interest in accordance with the form set out in Appendix 1 to the Regulations. The authors of the referrals or their authorized representatives must provide certified copies of relevant documents to support the notification submitted, documents that are reasonably available and, when possible, to indicate where the Competition Council may obtain other relevant information and documents in question, which are not available to them.
The complaints must follow, in accordance with the Regulation, a number of admissibility conditions, respectively: to have as object the breach of art. 2 paragraph 2 of Law 111/1991 (any act or fact contrary to fair practices in the industrial and marketing of products, execution of works, as well as making provision of services) and to show a legitimate interest in supporting the complaint. The legitimate interest may be direct or indirect, but its existence is not assumed, it must be demonstrated.
The Competition Council assesses and decides only on those practices of unfair competition estimated according to information and documents provided in the form of reference, which have the purpose or effect of affecting competition in the market activity, their capacity to act, likely to bring prejudice to the proper functioning of markets and such cause or may cause damage to any market participants.
The deadline for resolving the complaints regarding unfair competition practices, for which the competition authority has decided to open an in-depth research, is 60 days after the case file is complete, the competition authority being in possession of all relevant data and information. The author of the complaint will be informed in writing of this fact, the deadline stipulated in art. 32 paragraph (5) of Law no. 11/1991 starts from that date.
The decision to find and apply sanctions is enforceable, without any other formality. It may be appealed within 30 days of the communication with the Court of Appeal. The amount of the fine imposed as a punishment for the offense committed by the offender shall be paid by cash or payment order, to the state budget, within 30 days from notification of the decision. In case of absence of the document, proof of payment of the fine set by decision of the Competition Council, it shall transmit a copy thereof to the specialized bodies of the National Agency for Fiscal Administration in whose territorial jurisdiction the offender has headquarters/ residence, for execution within 30 days after the expiration of the appeal.