Legitimate competition and unlawful conduct
Losing a client or facing a new competitor is not unlawful in itself. The assessment must identify specific conduct: false market statements, use of trade secrets or other acts contrary to the legal requirements of fair competition.
Law No. 11/1991 has a different scope from the rules on anti-competitive agreements and abuse of a dominant position. Nor does superior bargaining power automatically give rise to the same remedies as market dominance.
Protecting business information
Confidentiality agreements, access permissions and internal procedures help demonstrate measures taken to protect information. Not everything known by a former employee is a trade secret.
It must be established what information was used, whether it was protected, how it was obtained and how it relates to the loss. Employment non-compete clauses have their own requirements and cannot be replaced by a general, unlimited prohibition on working in the same sector.
Complaining to the authority and bringing court proceedings
The Competition Council acts under statutory conditions, considering the public interest affected. A complaint should describe the facts and contain verifiable support; not every dispute between companies leads to an investigation.
Stopping or prohibiting the conduct and recovering compensation may require court proceedings. An administrative fine and compensation serve different purposes: a regulatory penalty does not automatically result in payment to the injured party.
Evidence and proportionate measures
Preserve published material, transmission dates, business messages, contracts and records allowing the loss to be assessed. Unlawfully obtained evidence may undermine the case; unauthorised access to a competitor’s accounts or systems is not an acceptable way to gather evidence.
For ongoing harm, the need for urgent measures and their specific procedural requirements should be assessed. Separately, the company should protect its information and control access without making unfounded public allegations.
Murar și Asociații assists businesses in assessing unfair competition, preparing complaints, negotiating solutions and litigation. The legal objective depends on the conduct to be stopped and the loss that can be proved.
Useful questions
Does a fine imposed on a competitor compensate my loss?
Not automatically. Compensation requires an appropriate legal basis and procedure, and proof of the loss and its connection with the conduct.
Is winning another business’s client always unfair competition?
No. The methods used and statutory requirements matter, not simply the client’s decision to change supplier.
Legal sources
- Government Emergency Ordinance No. 84 of 16 June 2022 — amendments to Law No. 11/1991 on unfair competition — Article 5: amendments to Law No. 11/1991, including Articles 1, 1¹, 2, 3¹ and 3².
- Government Emergency Ordinance No. 25 of 18 April 2019 on trade secret protection, consolidated version — Articles 1–5 and 9–16: scope, lawful and unlawful acquisition and use, exceptions and remedies.
This analysis provides general information by reference to the sources and date stated. Advice on a specific situation depends on the documents, applicable law and any transitional rules.