The Romanian Government launches a draft law on the authorization of 5G technology manufacturers with the potential exclusion of certain foreign businesses based on national security grounds resulting in decreased competition in an already oligopolistic market

1. Background The Ministry of Transportation, Infrastructure and Communications launched on August 4, 2020 a draft law on measures relating to information and communication infrastructures of national interest and the conditions for the implementation of 5G networks (the “Draft Law”). The Draft Law purports to regulate the authorisation of manufacturers of technologies, equipment and software for 5G networks (collectively the “5G Technology”) [1] by instating certain authorisation criteria to ascertain if the manufacturer is subject to control by a foreign government, with no reference to technical criteria. Thus, only authorised manufacturers may be used for the purpose of 5G infrastructure, requiring mobile operators to replace the acquired 3G and 4G equipment, in five years. The

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  • Maravela, Popescu & Asociatii (Bucharest)

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Alina Popescu, The Romanian Government launches a draft law on the authorization of 5G technology manufacturers with the potential exclusion of certain foreign businesses based on national security grounds resulting in decreased competition in an already oligopolistic market, 4 August 2020, e-Competitions State intervention, Art. N° 98198

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