Romania/EU, 2003
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.[1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | Scope extends to foreign corporations.[2] 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 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. |
| Prison Sentences | 1 | Article 63 of Romania’s Competition Act[3] 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.[4] | |
| Obstacles to Entry | 1 | Article 82 of the EU Treaty prohibits anti-competitive pricing schemes.[5] | |
| 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.[6] | |
| 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
- ↑ EU statutes and regulations available online from the European Competition Network, at http://ec.europa.eu/comm/competition/ecn/documents.html
- ↑ Goyder, D. G., EC Competition Law, 4th ed. 2003, at 99.
- ↑ The Parliament of Romania Competition Law of 1996
- ↑ EC Competition Law, at 97.
- ↑ Id, at 283.
- ↑ Id, at 97.