The Romanian High Court of cassation towards a reconciliation with the Competition council on merger filing rules ? (Global Vehicles USA)

The last years have revealed significant divergences between the Romanian Competition Council and the High Court of Cassation and Justice regarding certain merger notification aspects. A recent High Court of Cassation and Justice decision seems however to indicate a potential reconciliation of the positions of the two authorities. The Competition Law n° 21/1996 and the Economic Concentrations Regulation provide for the obligation to notify an economic concentration within 30 days from “the signing date of the act on the basis of which the acquisition of control is achieved”, while “omission” to notify an economic concentration represents and administrative offence and may be sanctioned with fine of up to 1% of the turnover in the previous year. These two aspects, namely (1) the actual

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Authors

  • Peli Filip (Bucharest)
  • Nestor Nestor Diculescu Kingston Petersen (Bucharest)

Quotation

Carmen Peli, Georgeta Harapcea, The Romanian High Court of cassation towards a reconciliation with the Competition council on merger filing rules ? (Global Vehicles USA), 23 November 2007, e-Competitions Bulletin November 2007, Art. N° 15895

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