Abstract
The paper analyzes the principles and the functioning of the private enforcement of the competition rules - as a ”sword” and as a ”shield” - in the light of the EU case-law and the recent directive on private enforcement and in the context of the Romanian civil law.The author argues that the use of the competition rules - prohibition of anticompetitive agreements and practices and prohibition of the abuse of dominant position - is both possible and desirable, even at the current state of the Romanian legal system, in order to ensure a complete and efficient application of these rules. The paper is the author PhD thesis defended in April 2014 at the University of Bucharest and the first research on this topic ever undertook in the framework of the Romanian legal system.
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