Romania (December 10, 2003)

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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.

References

  1. 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