Romania/EU, 2003: Difference between revisions

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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>
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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>
| 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"
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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.


|-
|-
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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

Latest revision as of 23:48, 16 August 2008

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.[1]

Category Subcategory Score Comment
Scope Extraterritoriality 1 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.
Remedies Fines 1 Articles 55 and 56 of the Romanian Competition Act discuss various violations that would result in fines.
Prison Sentences 1 Article 63 of Romania’s Competition Act[2] allows imprisonment for certain criminal violations.
Divestitures 1 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.
Private Enforcement 3rd Party Initiation 1 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 0
3rd Party Rights in Proceedings 0
Merger Notification Voluntary 0
Mandatory 3 Article 16(1)(a) of Romania’s Competition Act requires notification to the competition council.
Pre-merger 2 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.
Post-merger 0
Merger Assessment Dominance 1 Article 14(1)(b) of Romania’s Competition Act takes into consideration the market share held by the parties involved.
Restriction of Competition 1 Article 13 of Romania’s Competition Act bans all concentrations that may cause a significant restriction of competition.
Public Interest (Pro D) 1 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) 0
Other 0
Efficiency 1 Article 14(2)(a) of Romania’s Competition Act says that concentrations can be allowed when they increase economic efficiency.
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.[3]
Obstacles to Entry 1 Article 82 of the EU Treaty prohibits anti-competitive pricing schemes.[4]
Efficiency Defense 0
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.[5]
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

  1. ↑ EU statutes and regulations available online from the European Competition Network, at http://ec.europa.eu/comm/competition/ecn/documents.html
  2. ↑ The Parliament of Romania Competition Law of 1996
  3. ↑ EC Competition Law, at 97.
  4. ↑ Id, at 283.
  5. ↑ Id, at 97.
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