AchalOza at 13:24, 12 October 2007

2007-10-12T13:24:47Z

← Older revision		Revision as of 13:24, 12 October 2007
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	'''Score = 23'''		'''Score = 22'''

	''Governed by:'' The Parliament of Romania Competition Law of 1996 (hereinafter “Competition Law”).		''Governed by:'' The Parliament of Romania Competition Law of 1996 (hereinafter “Competition Law”).

AchalOza at 17:18, 15 July 2007

2007-07-15T17:18:40Z

← Older revision		Revision as of 17:18, 15 July 2007
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	\| Price Setting		\| Price Setting
	\| 1		\| 1
	\| Article 6(a) prohibits imposing sale or purchase prices.		\| Article 6(a) prohibits imposing sale or purchase prices. Article 6(f) explicitly prohibits predatory pricing.

	\|-		\|-

AchalOza: New page: '''Score = 23''' ''Governed by:'' The Parliament of Romania Competition Law of 1996 (hereinafter “Competition Law”). Marjo Ojala, The Competition Law of Central and Eastern Euro...

2007-07-15T16:23:34Z

New page: '''Score = 23''' ''Governed by:'' The Parliament of Romania Competition Law of 1996 (hereinafter “Competition Law”). <ref>Marjo Ojala, The Competition Law of Central and Eastern Euro...

New page

'''Score = 23'''

''Governed by:'' The Parliament of Romania Competition Law of 1996 (hereinafter “Competition Law”).
<ref>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 </ref>

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

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| Article 2(3) says that the Competition Act applies to acts abroad if they have effects in Romania.

|- class="categorydivision"
| 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.

|- class="categorydivision"
| 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
|

|- class="categorydivision"
| 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
|

|- class="categorydivision"
| 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.

|- class="categorydivision"
| 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.

|-
|
| Discriminatory Pricing
| 1
| Article 6(c) bans discriminatory pricing and contract terms.

|-
|
| Resale Price Maintenance
| 0
|

|-
|
| Obstacles to Entry
| 0
|

|-
|
| Efficiency Defense
| 0
|

|- class="categorydivision"
| 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 ==
<references />

Romania (December 10, 2003) - Revision history

AchalOza at 13:24, 12 October 2007

AchalOza at 17:18, 15 July 2007

AchalOza: New page: '''Score = 23''' ''Governed by:'' The Parliament of Romania Competition Law of 1996 (hereinafter “Competition Law”). Marjo Ojala, The Competition Law of Central and Eastern Euro...