Romania (December 10, 2003)
From AntitrustWorldWiki
Score = 22
Governed by: The Parliament of Romania Competition Law of 1996 (hereinafter “Competition Law”). [1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | Article 2(3) says that the Competition Act applies to acts abroad if they have effects in Romania. |
| Remedies | Fines | 1 | Articles 55 and 56 discuss various violations that would result in fines. |
| Prison Sentences | 1 | Article 63 allows imprisonment for certain criminal violations. | |
| Divestitures | 1 | Article 7(1)(d) and (e) 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) 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) requires notification to the competition council. | |
| Pre-merger | 2 | Article 16(1)(4) 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) takes into consideration the market share held by the parties involved. |
| Restriction of Competition | 1 | Article 13 bans all concentrations that may cause a significant restriction of competition. | |
| Public Interest (Pro D) | 1 | Article 14(1)(e) 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) says that concentrations can be allowed when they increase economic efficiency. | |
| Dominance | Limits Access | 1 | Article 6(b) prohibits limiting production and distribution. |
| Abusive Acts | 1 | Article 6 lists many illegal abusive acts by dominant companies. | |
| Price Setting | 1 | Article 6(a) prohibits imposing sale or purchase prices. Article 6(f) explicitly prohibits predatory pricing. | |
| Discriminatory Pricing | 1 | Article 6(c) bans discriminatory pricing and contract terms. | |
| Resale Price Maintenance | 0 | ||
| Obstacles to Entry | 0 | ||
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | Article 5(1)(a) bans setting purchase prices. |
| Tying | 1 | Article 5(1)(e) bans tying. | |
| Market Division | 1 | Article 5(1)(c) prohibits allocating distribution markets according to territorial criteria. | |
| Output Restraint | 1 | Article 5(1)(b) prohibits limiting or controlling production and distribution. | |
| Market Sharing | 0 | ||
| Eliminating Competitors | 1 | Article 5(1)(g) prohibits eliminating competitors from the market. | |
| Collusive Tendering/Bid-Rigging | 1 | Article 5(1)(f) prohibits collusive tendering. | |
| Supply Refusal | 1 | Article 5(1)(g) prohibits agreements not to sell to certain parties. | |
| Efficiency Defense | 1 | Article 5(2)(e) has an exemption to the Article 5(1) prohibitions for agreements that will improve production or distribution of goods or promote technical or economic progress. |
[edit] References
- ↑ Marjo Ojala, The Competition Law of Central and Eastern Europe, 380-400 (Sweet & Maxwell: London, 1999); Romanian Competition Council website, http://www.competition.ro/en/Diverse/l21_1996_mod.pdf
