Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

The Romanian Competition Act No. 21/1996 (the "Competition Act") dated 10 April 1996  (Official Gazette No. 88 of 30 April 1996) and effective on 1st February 1997 lays the foundations of competition in Romania. 

The Competition Act was adopted to update national law with EU provisions so as to facilitate future accession negotiations (Romania became a Member State on 1 January 2007 alongside Bul …

Context

The Romanian Competition Act No. 21/1996 (the "Competition Act") dated 10 April 1996  (Official Gazette No. 88 of 30 April 1996) and effective on 1st February 1997 lays the foundations of competition in Romania. 

The Competition Act was adopted to update national law with EU provisions so as to facilitate future accession negotiations (Romania became a Member State on 1 January 2007 alongside Bulgaria). It aims at “protecting, maintaining and stimulating competition” and “promoting consumers' interests”.

Since then, the Competition Act has undergone several legislative amendments to align with EU competition rules, improve the rights of undertakings during dawn raids or facing criminal sanctions. 

The Competition Act was recently amended by Ordinance No. 108/2023 of 29 November 2023, which implements the ECN+ Directive.

In addition, the national enforcement authority, called the “Competition Council” has issued regulations: 

- on Competition Council procedures, last amended in 19 November 2020, enforced by Order No. 1078/2020 of the President of the Competition Council; 

- concerning the finding of administrative offenses and the enforcement of sanctions by the Competition Council, last amended in 16 July 2020, enforced by Order No. 712/2020; 

- on the assessment and settlement of complaints, enforced by Order No. 499/2010. 

Furthermore, unfair competition provisions are found in a separate piece of legislation (Act No. 11/1991 of 29 January 1991, published in Official Gazette No. 24 of 30 January 1991) but nevertheless enforceable by the same Competition Council in accordance with Law No. 149/2011.

The Act applies to conduct by individuals or legal entities, Romanian or of foreign nationality, including public administrative bodies when they intervene in market operations by influencing competition. The territorial scope of the Act extends to practices performed outside the Romanian territory, if they have an effect within Romania. 

The prices and tariffs charged for natural or legal monopoly activities are still excluded from the scope of the Act and are instead set by special regulation following an advisory opinion from the Ministry of Public Finance.

The Romanian Government also retains some authority, notwithstanding the provisions of the Competition Act, to engage in price control for limited periods of time in certain economic sectors for structural reasons such as a market crisis or where a market is malfunctioning. However, prior to adopting any such measures, the Government must first receive an advisory opinion from the Competition Council.

Under Article 9 of the Act, any actions by central or local public administrative bodies that have the object or potential effect of restricting, preventing or distorting competition are prohibited, especially where they limit the freedom of trade or the autonomy of undertakings that act in accordance with the law or establish discriminatory business conditions.

Global Competition Law

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Les notions juridiques connexes

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Les notions juridiques connexes

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