Romania/EU, 2003 - Revision history

LMyhre at 23:48, 16 August 2008

2008-08-16T23:48:24Z

← Older revision		Revision as of 23:48, 16 August 2008
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	\| Extraterritoriality		\| Extraterritoriality
	\| 1		\| 1
	\| ~~Scope extends~~ to ~~foreign corporations.<ref>Goyder, D. G., EC Competition Law, 4th ed.~~ 2003~~, at 99~~.~~</ref>~~ Article 2(3) of the Romanian Competition Act says that the Act applies to acts abroad if they have effects in Romania.		\| 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.

	\|- class="categorydivision"		\|- class="categorydivision"

LMyhre at 23:29, 16 August 2008

2008-08-16T23:29:06Z

← Older revision		Revision as of 23:29, 16 August 2008
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	\| Fines		\| Fines
	\| 1		\| 1
	\| ~~Articles 13 and 19 of CR 1/2003 allow for fines for serious violations of the EU Competition Act.~~ Articles 55 and 56 of the Romanian Competition Act discuss various violations that would result in fines.		\| Articles 55 and 56 of the Romanian Competition Act discuss various violations that would result in fines.

	\|-		\|-

LMyhre at 21:19, 16 August 2008

2008-08-16T21:19:03Z

← Older revision		Revision as of 21:19, 16 August 2008
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	'''Score = 28'''		'''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.<ref>EU statutes and regulations available online from the European Competition Network, at http://ec.europa.eu/comm/competition/ecn/documents.html</ref>		''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.<ref>EU statutes and regulations available online from the European Competition Network, at http://ec.europa.eu/comm/competition/ecn/documents.html</ref>

LMyhre at 21:18, 16 August 2008

2008-08-16T21:18:40Z

← Older revision		Revision as of 21:18, 16 August 2008
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	\| Extraterritoriality		\| Extraterritoriality
	\| 1		\| 1
	\| Scope extends to foreign corporations.<ref>Goyder, D. G., EC Competition Law, 4th ed. 2003, at 99.</ref>		\| Scope extends to foreign corporations.<ref>Goyder, D. G., EC Competition Law, 4th ed. 2003, at 99.</ref> Article 2(3) of the Romanian Competition Act says that the Act applies to acts abroad if they have effects in Romania.

	\|- class="categorydivision"		\|- class="categorydivision"
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	\| Fines		\| Fines
	\| 1		\| 1
	\| Articles 13 and 19 of CR 1/2003 allow for fines for serious violations of the EU Competition Act.		\| Articles 13 and 19 of CR 1/2003 allow for fines for serious violations of the EU Competition Act. Articles 55 and 56 of the Romanian Competition Act discuss various violations that would result in fines.

	\|-		\|-
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	\| Divestitures		\| Divestitures
	\| 1		\| 1
	\| Article 7 of CR 1/2003 allows for structural remedies.		\| 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.

	\|- class="categorydivision"		\|- class="categorydivision"
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	\| 3rd Party Initiation		\| 3rd Party Initiation
	\| 1		\| 1
	\| ~~CR 1/2003,~~ Article ~~12, says that any interested party can bring a violation to the attention~~ of the ~~Authority~~.		\| 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		\| Remedies Available to 3rd Parties
	\| 1		\| 0
	\| ~~CR 1/2003, Article 33, allows 3rd parties to file a civil suit for damages.~~		\|

	\|-		\|-
	\|		\|
	\| 3rd Party Rights in Proceedings		\| 3rd Party Rights in Proceedings
	\| 1		\| 0
	\| ~~Article 27(3) of CR 1/2003 affords evidentiary rights to 3rd parties.~~		\|

	\|- class="categorydivision"		\|- class="categorydivision"
	\| Merger Notification<ref>The National Competition Authority will assess mergers under the National Competition Act. If the concentration affects trade between the Member States, the European Commission will assess the merger under Regulation 139/2004. See the coding for the European Commission for those provisions.</ref>		\| Merger Notification
	\| Voluntary		\| Voluntary
	\| 0		\| 0
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	\| Mandatory		\| Mandatory
	\| 3		\| 3
	\| Article 7(1) of ~~CR 139/2004~~ requires notification.<ref>The new merger notification guidelines implemented by Council Regulation 139/2004 give undertakings the ability to request exemption from notification requirements. However, because a formal request must be submitted and approved in order to ~~gain exemption,~~ the ~~new notification guidelines are encoded here as requiring mandatory pre-merger notification~~.~~</ref>~~		\| Article 16(1)(a) of Romania’s Competition Act requires notification to the competition council.

	\|-		\|-
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	\| Pre-merger		\| Pre-merger
	\| 2		\| 2
	\| Article 7(1) of ~~139/2004~~ requires ~~pre-clearance~~.		\| 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.

	\|-		\|-
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	\| Dominance		\| Dominance
	\| 1		\| 1
	\| Article 2(1) of ~~CR 139/2004 considers dominance~~.		\| Article 14(1)(b) of Romania’s Competition Act takes into consideration the market share held by the parties involved.

	\|-		\|-
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	\| Restriction of Competition		\| Restriction of Competition
	\| 1		\| 1
	\| Article ~~2(1)~~ of ~~CR 139/2004 considers the interests~~ of ~~intermediate and ultimate consumers~~.		\| Article 13 of Romania’s Competition Act bans all concentrations that may cause a significant restriction of competition.

	\|-		\|-
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	\| Public Interest (Pro D)		\| Public Interest (Pro D)
	\| 1		\| 1
	\| Article 2(1) of ~~CR 139/2004 considers~~ the ~~development of technical~~ and ~~economic~~ progress.		\| 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)		\| Public Interest (Pro Authority)
	\| 1		\| 0
	\| ~~Article 2(1) of CR 139/2004 considers the interests of intermediate and ultimate consumers.~~		\|

	\|-		\|-
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	\| Efficiency		\| Efficiency
	\| 1		\| 1
	\| Article 2(1) of ~~CR 139/2004 allows an~~ efficiency ~~defense~~.		\| Article 14(2)(a) of Romania’s Competition Act says that concentrations can be allowed when they increase economic efficiency.

	\|- class="categorydivision"		\|- class="categorydivision"
	\| Dominance		\| Dominance

HCargill at 21:27, 14 August 2008

2008-08-14T21:27:49Z

← Older revision		Revision as of 21:27, 14 August 2008
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	\|- class="categorydivision"		\|- class="categorydivision"
	\| Merger Notification		\| Merger Notification<ref>The National Competition Authority will assess mergers under the National Competition Act. If the concentration affects trade between the Member States, the European Commission will assess the merger under Regulation 139/2004. See the coding for the European Commission for those provisions.</ref>
	\| Voluntary		\| Voluntary
	\| 0		\| 0

LMyhre: New page: '''Score = 28''' ''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...

2008-08-10T23:31:55Z

New page: '''Score = 28''' ''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...

New page

'''Score = 28'''

''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.<ref>EU statutes and regulations available online from the European Competition Network, at http://ec.europa.eu/comm/competition/ecn/documents.html</ref>

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| Scope extends to foreign corporations.<ref>Goyder, D. G., EC Competition Law, 4th ed. 2003, at 99.</ref>

|- class="categorydivision"
| Remedies
| Fines
| 1
| Articles 13 and 19 of CR 1/2003 allow for fines for serious violations of the EU Competition Act.

|-
|
| Prison Sentences
| 1
| Article 63 of Romania’s Competition Act<ref>The Parliament of Romania Competition Law of 1996</ref> allows imprisonment for certain criminal violations.

|-
|
| Divestitures
| 1
| Article 7 of CR 1/2003 allows for structural remedies.

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| CR 1/2003, Article 12, says that any interested party can bring a violation to the attention of the Authority.

|-
|
| Remedies Available to 3rd Parties
| 1
| CR 1/2003, Article 33, allows 3rd parties to file a civil suit for damages.

|-
|
| 3rd Party Rights in Proceedings
| 1
| Article 27(3) of CR 1/2003 affords evidentiary rights to 3rd parties.

|- class="categorydivision"
| Merger Notification
| Voluntary
| 0
|

|-
|
| Mandatory
| 3
| Article 7(1) of CR 139/2004 requires notification.<ref>The new merger notification guidelines implemented by Council Regulation 139/2004 give undertakings the ability to request exemption from notification requirements. However, because a formal request must be submitted and approved in order to gain exemption, the new notification guidelines are encoded here as requiring mandatory pre-merger notification.</ref>

|-
|
| Pre-merger
| 2
| Article 7(1) of 139/2004 requires pre-clearance.

|-
|
| Post-merger
| 0
|

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| Article 2(1) of CR 139/2004 considers dominance.

|-
|
| Restriction of Competition
| 1
| Article 2(1) of CR 139/2004 considers the interests of intermediate and ultimate consumers.

|-
|
| Public Interest (Pro D)
| 1
| Article 2(1) of CR 139/2004 considers the development of technical and economic progress.

|-
|
| Public Interest (Pro Authority)
| 1
| Article 2(1) of CR 139/2004 considers the interests of intermediate and ultimate consumers.

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 1
| Article 2(1) of CR 139/2004 allows an efficiency defense.

|- class="categorydivision"
| 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.<ref>EC Competition Law, at 97.</ref>

|-
|
| Obstacles to Entry
| 1
| Article 82 of the EU Treaty prohibits anti-competitive pricing schemes.<ref>Id, at 283.</ref>

|-
|
| Efficiency Defense
| 0
|

|- class="categorydivision"
| 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.<ref>Id, at 97.</ref>

|-
|
| 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 ==
<references />