The Council consists of 7 members: one president (with the rank of Minister), 2 vice-presidents (with the rank of Secretary of State) and 4 competition counsellors (with the rank of Deputy Secretary of State). The Council members are appointed by the President of Romania, pursuant the proposal of the Government. The term of mandate for the Competition Council members is 5 years, and they may be re-invested not more than once (according to the amendments of the Competition Law no. 21/1996, one vice-president and 2 competition counsellors have a 2-year and a half mandate only at the appointment of the first plenum).
The status of the Competition Council's members is incompatible with any other professional or consultancy activities, with the participation in the management or administration of other public or private entities, with holding public position or dignities, except didactic activity in the high-level education institutions.
The Council members can not be appointed experts or arbitrators, either by parties or by courts or by other institutions.The Council members do not represent the authority that appointed them, and are independent in decision-making.
The Council members and the competition inspectors cannot be members of political parties or other political organizations.
The competition inspectors working within the Competition Council, with the exception of debutants, have been entrusted by Law with special inspection powers for investigating the infringements of the Competition Law no. 21/1996, with subsequent amendments and completions, and of the Law no. 143/1999 on State Aid, with subsequent amendments and completions.
The Competition Council functions and deliberates in plenary sessions and in commissions.
Each commission consists of 2 competition councillors, as designated by the President of the Competition Council for every particular case, and is headed by a vice-president of the Council.
The President of the Council decides on the opening of an investigation and nominates a responsible rapporteur for each case.
The Competition Council examines in plenary sessions:
- the investigation reports and possible objections on them, and decides upon necessary measures to be taken;
- the authorization of economic concentrations;
- the intimation of courts in enforcing the Competition Law;
- the viewpoints, recommendations and opinions to be made in enforcing the Competition Law;
- the categories of agreements, decisions and concerted practices proposed to be exempted;
- the draft regulations proposed to be adopted;
- the annual report on the state of competition;
- the analysis of infringements of Law provisions.
In all deliberative sessions each member has one vote; when votes tie, the President's vote prevails.
The organization and personnel structure, as well the functioning procedures of the Competition Council are stipulated by the law and by Regulation on organizing, functioning and procedures of the Competition Council.
In order to carry out its prerogatives, the Competition Council sets up its own apparatus, consisting of specialized compartments and functional compartments.
The Competition Council draws up its own draft budget, which is a distinct chapter of the state budget.