The inspections took place as part of an in-depth investigation into a possible unfair competition practice concerning the exploitation of the superior negotiating position of car repair shops in the commercial relationship with an insurance company, regarding the settlement of repairs carried out based on RCA.
The analysis was triggered as a result of the complaint sent by the Asigurarea Romanească Asirom – Vienna Insurance Group SA. According to legal provisions, the RCA insurer has the obligation to compensate the affected party for the damages suffered as a result of an accident by paying for the repairs performed by the car repair shops. In this context, charging unreasonably high prices/tariffs for repairing damaged vehicles will influence the insurance premium paid by the policyholder.
“We want to determine if some car repair shops impose unjustifiably high rates, which insurance companies are legally obliged to pay, rates that subsequently lead to an increase in the CLI policy price”, said Bogdan Chiritoiu, President of the Competition Council.
The companies where unannounced inspections were carried out are: Adely Trans Company SRL, Ali Car Reparatii Auto SRL, Prof’s Solution Service SRL, Top Lac Service Cotroceni SRL, Auto Klasen SRL, Auto Hoff Technology SRL, Top Lac Auto Service SRL and Damar Colision SRL.
The unannounced inspections are authorised by the Bucharest Court of Appeal and are justified by the need to obtain all the information and documents necessary to clarify the potential unfair competition practice. Conducting these inspections does not constitute a prior determination regarding the companies’ guilt.
“If the Competition Council finds that the rules of fair competition have been violated, the companies involved risk fines of up to 500,000 lei and the authority may order measures to prohibit the commission of the act. If individuals or legal persons admit to committing the practice of unfair competition, they may obtain substantial reductions in fines”, the antitrust watchdog said in its press statement.