Romania/EU, 2003

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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.[1]

Category Subcategory Score Comment
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[2] 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
Merger Notification Voluntary 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.
Post-merger 0
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
Other 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.[3]
Obstacles to Entry 1 Article 82 of the EU Treaty prohibits anti-competitive pricing schemes.[4]
Efficiency Defense 0
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.[5]
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.

References

  1. EU statutes and regulations available online from the European Competition Network, at http://ec.europa.eu/comm/competition/ecn/documents.html
  2. The Parliament of Romania Competition Law of 1996
  3. EC Competition Law, at 97.
  4. Id, at 283.
  5. Id, at 97.