Romania (December 10, 2003)

Score = 22

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

Category	Subcategory	Score	Comment
Scope	Extraterritoriality	1	Article 2(3) says that the Competition Act applies to acts abroad if they have effects in Romania.
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.
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
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
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.
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. Article 6(f) explicitly prohibits predatory pricing.
	Discriminatory Pricing	1	Article 6(c) bans discriminatory pricing and contract terms.
	Resale Price Maintenance	0
	Obstacles to Entry	0
	Efficiency Defense	0
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.