Valentin Mircea, e-Competitions | N° 59416, www.concurrences.com

Romania is among the last countries in the European Union to have introduced the concept of the Legal Professional Privilege (“LLP”) in its national legislation. This took place in 2010 when the Romanian Competition Law (RCL) has been amended to a great extent and the relevant provision has been revised again in 2011, taking the current form – article 36, para.8, which reads:

“Any communications between an undertaking or association of undertakings under investigation and their lawyers [1], realised within the framework and on the exclusive purpose of exercising the right of defence of the undertaking, respectively after the opening of the administrative procedure, based on this law, subject to the condition that such communications have a connection with the object of the procedure, cannot be seized or used as evidence throughout the procedures undertaken by the Competition Council. Equally, the preparatory documents drafted by the undertakings or the association of undertakings for the exclusive purpose of the right of defence cannot be seized or used as evidence.”

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