Score = 25
Governed by: Articles 81 and 82 of the Treaty on European Union [hereafter EU Treaty], and European Commission Regulations 1/2003 [hereafter "CR 1/2003"] and 139/2004 [hereafter “CR 139/2004], as well as national legislation.
|Scope||Extraterritoriality||1||EU law governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003. Article 2(3) of the Romanian Competition Act says that the Act applies to acts abroad if they have effects in Romania.|
|Remedies||Fines||1||Articles 55 and 56 of the Romanian Competition Act discuss various violations that would result in fines.|
|Prison Sentences||1||Article 63 of Romania’s Competition Act allows imprisonment for certain criminal violations.|
|Divestitures||1||Article 7 of CR 1/2003 allows for structural remedies. Article 7(1)(d) and (e) of Romania’s Competition Act require the sale of assets and restructuring of the company if a company does not remedy the abuse of its dominant position.|
|Private Enforcement||3rd Party Initiation||1||Article 40(b) of Romania’s Competition Act requires the Competition Council to order an investigation upon a complaint from an affected person.|
|Remedies Available to 3rd Parties||0|
|3rd Party Rights in Proceedings||0|
|Mandatory||3||Article 16(1)(a) of Romania’s Competition Act requires notification to the competition council.|
|Pre-merger||2||Article 16(1)(4) of Romania’s Competition Act requires that before approval is given the parties can only go as far into the merger as can be reversed.|
|Merger Assessment||Dominance||1||Article 14(1)(b) of Romania’s Competition Act takes into consideration the market share held by the parties involved.|
|Restriction of Competition||1||Article 13 of Romania’s Competition Act bans all concentrations that may cause a significant restriction of competition.|
|Public Interest (Pro D)||1||Article 14(1)(e) of Romania’s Competition Act discusses the extent to which consumers or beneficiaries are affected and (f) discusses the effect on progress.|
|Public Interest (Pro Authority)||0|
|Efficiency||1||Article 14(2)(a) of Romania’s Competition Act says that concentrations can be allowed when they increase economic efficiency.|
|Dominance||Limits Access||1||Article 82(b) of the EU Treaty prohibits abuse of a dominant position.|
|Abusive Acts||1||Article 82 of the EU Treaty prohibits abuse of a dominant position.|
|Price Setting||1|| Article 82(a) of the EU Treaty prohibits price setting.
|Discriminatory Pricing||1||Articles 81(1)(d) and 82(c) of the EU Treaty, prohibit discrimatory conditions.|
|Resale Price Maintenance||1||Article 81 of the EU Treaty prohibits minimum resale price restrictions.|
|Obstacles to Entry||1||Article 82 of the EU Treaty prohibits anti-competitive pricing schemes.|
|Restrictive Trade Practices||Price Fixing||1||Articles 81(1)(a) of the EU Treaty prohibits price fixing.|
|Tying||1||Articles 81(1)(e) and 82(d) of the EU Treaty prohibit tying.|
|Market Division||1||Article 81 of the EU Treaty prohibits customer allocation clauses.|
|Output Restraint||1|| Article 81(1)(b) of the EU Treaty prohibits limiting production.
|Market Sharing||1||Article 81(1)(c) of the EU Treaty prohibits market sharing.|
|Eliminating Competitors||1||Article 81(1) of the EU Treaty prohibits agreements that have the purpose or effect of eliminating competition.|
|Collusive Tendering/Bid-Rigging||1||Article 81 of the EU Treaty prohibits bid-rigging.|
|Supply Refusal||1||Article 81(1)(b) of the EU Treaty prohibits supply refusal.|
|Efficiency Defense||1||Article 81(3) of the EU Treaty allows an efficiency defense.|
- EU statutes and regulations available online from the European Competition Network, at http://ec.europa.eu/comm/competition/ecn/documents.html
- The Parliament of Romania Competition Law of 1996
- EC Competition Law, at 97.
- Id, at 283.
- Id, at 97.