Which are the main atributions of Competition Council in the field of anti-trust?

Competition Council:

  • conducts investigations, upon its own initiative or upon a complaint, intimation or notification, regarding the enforcement of arts. 5, 6, 12 and 15 of the law;
  • issues decisions, according to the law, regarding the violations of arts. 5, 6, 9, 12 and 15 of the law, found after investigation by the competition inspectors;
  • issues decisions to grant individual exemptions for agreements, decisions taken by associations of undertakings or concerted practices which qualify under art. 5 par. (2) of the law;
  • certifies, upon request by involved parties, that there are no grounds for its intervention regarding a particular practice;
  • issues decisions in cases of economic concentration;
  • conducts investigations aimed at a better understanding of the market;
  • issues binding opinions for drafts of normative acts that may have an anticompetitive impact and makes proposals to modify those acts that have such an effect;
  • notifies the Government on cases of intervention in the enforcement of competition law by central and local public administrative bodies;
  • makes recommendations to the Government and to the local public administrative bodies to adopt measures that benefit market and competition development;
  • adopts regulations and guidelines to enforce the provisions of Competition Law no.21/1996 (republished);
  • represents Romania and promotes the exchange of information and experience with international organisations and agencies in the field, and cooperates with international and EU competition agencies;
  • sets and approves the mission, the general strategy and the agenda of the competition authority.

How can one notify the Competition Council in case of an alleged infringement of Competition Law?

  • The interested natural or legal persons affected by an alleged infringement of Competition Law may lodge a complaint with the Competition Council in accordance with the provisions of the „Regulation on the application of art.5 and 6 of the Competition Law no.21/1996, with further amendments and completions, regarding the anticompetitive practices in case of complaints”, published in the Official Gazette of Romania, Part I no. 430 from 13/05/2004.

What is the legal framework for anti-trust in Romania?

  • Competition Law no. 21/1996 – entered into force on February 1st 1997. The law was modified and completed several times in order to comply with the acquis;
  • Secondary legislation – consisting in regulations and implementing guidelines adopted by the Competition Council.

Which acts and deeds fall within the scope of the competition law?

  • Competition Law applies to any acts and deeds that have as an object or may have as an effect the restraint, prevention or distortion of competition, committed by: undertakings or associations of undertakings (natural persons or legal entities – of Romanian or foreign citizenship, respectively of Romanian or foreign nationality) or by central or local public administrative bodies.
  • Competition Law prohibits:
    • anticompetitive practices:
      • anticompetitive agreements;
      • abuse of dominant position;
    • economic concentrations that lead to the creation or consolidation of a dominant position;
    • any actions of central or local administrative public bodies that have as an object or may have as an effect the restriction, prevention or distortion of competition, especially by:
      • making decisions which limit the freedom of trade or the undertakings’ autonomy;
      • setting discriminatory business conditions to undertakings

    Which anticompetitive agreements are prohibited by Competition Law no. 21/1996?

    • Article 5 par. (1) of the law prohibits:
      • agreements concluded between undertakings
      • decisions issued by associations of undertakings,
      • concerted practices
      that have as an object or effect the restraint, prevention or distortion of competition on the Romanian market or a part of it.
    • The most harmful anticompetitive agreements are the cartels - secret agreements concluded between competitors, aimed at price fixing, limitation of production, market allocation, customers allocation etc.

    What is the Leniency policy?

    • Leniency policy is a set of rules (conditions and criteria) adopted by the Competition Council. Leniency policy is aimed at encouraging the undertakings involved in anticompetitive agreements in the form of cartels to cooperate with the antitrust authority, for discovering and finding supporting evidence in cartel cases.
    • The first undertaking informing Competition Council on the existence of a cartel will benefit from immunity from the fine, or reduction of the overall fine.
    • For frequently asked questions regarding Leniency policy vizit page www.clementa.ro.

    What is the abuse of dominant position?

    • Art. 6 of the law prohibits any abuse of a dominant position held by one or more undertakings on the Romanian market or on a substantial part of it, by resorting to anticompetitive deeds, which have as an object or may have as an effect the distortion of commerce or the prejudice of consumers.
    • The most frequent forms of abuse of dominant position consist in: imposing prices or tariffs, refusing to deal with certain undertakings, limiting production etc.

    What is the economic concentration?

    • Art.12 of the law prohibits any economic concentration that, having as an effect the creation or consolidation of a dominant position, lead to or is likely to lead to a significant restriction, prevention or distortion of competition on the Romanian market or on a part of it.
    • The concept of economic concentration includes the following categories of operations: mergers, acquisitions and concentrative joint ventures.
    • The economic concentrations that exceed a certain threshold provided for in the law must be notified to Competition Council.

    For frequently asked questions regarding state aid vizit page www.ajutordestat.ro.