Search results - Concurrences

21 Jan 2021 R

Romania: The Court of Justice of the European Union considers that a strict interpretation of the national legislation, as upheld by the Bucharest Court of Appeal, prohibiting absolutely the interruption of the limitation period by acts adopted after the decision to open an investigation, appears liable to jeopardise the effective implementation of the EU competition rules (Whiteland Import Export)

Alain Ronzano • N° 4-2020

On 21 January 2021, the Court of Justice of the European Union delivered a judgment in Case C-308/19 (Consiliul Concurenţei v Whiteland Import Export SRL) following a reference for a preliminary ruling from the Romanian High Court of Cassation and Justice. The present case raises the question (...)

3 Dec 2020 B

The Romanian Competition Authority publishes a study on the effects of big data on competition

Ana Pielmus • Preview

Background The decision to conduct the study is justified by the rapid evolution of digital markets and the limited information available at national level regarding the functioning of digital markets. The study illustrates the growing interest of competition authorities around the world in (...)

6 Nov 2020 B

The EU Commission approves €150 million Romanian scheme to support investments in district heating systems based on renewable energy sources

European Commission • November 2020

State aid: Commission approves €150 million Romanian scheme to support investments in district heating systems based on renewable energy sources* The European Commission has approved, under EU State Aid rules, a Romanian scheme to support the construction and/or upgrade of district heating (...)

3 Nov 2020 B

The Romanian Competition Authority assesses the outsourcing of some services by oil & gas company (OMV Petrom / Dietscon consortium / Bonatti association)

Romanian Competition Authority • November 2020

The Competition Council Assesses the Outsourcing of Some Services by OMV Petrom* The Competition Council assesses the transactions through which OMV Petrom SA outsources some general surface operations general services related to the activities of extraction and production of oil and natural (...)

20 Oct 2020 B

The Romanian Competition Authority analyses the competitive impact of legislation requiring accounting and medical services firms to be owned or managed only by field professionals

Romanian Competition Authority • October 2020

The Competition Council Analyses the Impact of Accounting and Medical Services Legislation on Competition* The Competition Council conducts a study to analyse the impact of the legislative provisions that oblige the undertakings in the field of accounting and medical services to be owned and / (...)

16 Oct 2020 B

The Romanian Government publishes an ordonnance on actions for damages providing cartel infringements are presumed to cause an overcharge of 20%

Charlotte de Meeûs, Kris Van Hove • October 2020

On 16 October 2020, the Romanian government published Ordinance No. 170/2020 on actions for damages in cases of violation of the competition law provisions and modifying and supplementing Romanian Competition Law No. 21/1996 (the “Ordinance”). The Ordinance provides that cartel infringements are (...)

29 Sep 2020 B

The Romanian Competition Authority sanctions 5 companies with EUR 468,000 for rigging the bids on rehabilitation of the streets in Pitesti (Construct Steel Market / Construcții Drumuri și Lucrări de Artă / Comesad Drumuri / General Trust Argeș / Selca)

Romanian Competition Authority • September 2020

The Competition Council Sanctioned Five Companies With Lei 2.23 Million for Riging the Bid* The Competition Council sanctioned with fines amounting 2,237,094 lei (approx. 468,000 euro) five companies for rigging the bids on rehabilitation of the streets in Pitesti, as follows: Construct Steel (...)

29 Sep 2020 B

The Romanian Competition Authority fines five companies for participating in a bid rigging cartel in public tender for street refurbishment (Construct Steel Market / Construcții Drumuri și Lucrări de Artă / Comesad Drumuri / General Trust Argeș / Selca)

Charlotte de Meeûs • September 2020

On 24 September 2020, the Romanian Competition Council (“RCC”) imposed fines totalling € 468,000 on five companies for engaging in bid-rigging in relation to public tenders concerning the refurbishment of certain streets in the Romanian city of Pitesti. The investigation started in 2018 following (...)

22 Sep 2020 B

The Romanian Competition Authority approves a transaction through which two banks become shareholders in a provider of integrated cash management services already owned by third competing bank, subject to conditions (BRD / Raiffeisen / CIT One / Banca Comercială Română)

Romanian Competition Authority • September 2020

The Competition Council Approved the Transaction Through Which BRD and Raiffeisen Enter CIT One Shareholders* The Competition Council approved the transaction through which BRD - Groupe Société Générale SA (BRD) and Raiffeisen Bank SA enter the shareholding of CIT One SRL, together with Banca (...)

15 Sep 2020 B

The Romanian Competition Authority announces public consultation on the amendments of the FDI screening regime

Alexandr Svetlicinii • September 2020

National competition authorities and FDI screening: the case of Romania* EU FDI Screening Regulation: separating security from competition The Regulation 2019/452 establishing a framework for the screening of foreign direct investments into the Union (EU FDI Screening Regulation) was adopted (...)

11 Sep 2020 B

The Romanian Competition Authority assesses the taking over of glass packing solutions provider by glass packing manufacturer for the food and beverage industry (Vetropack Austria Holding / Glass Container)

Romanian Competition Authority • September 2020

The Competition Council Assesses the Taking Over of Glass Container by Vetropack Austria Holding AG* The Competition Council assesses the transaction by which Vetropack Austria Holding AG intends to take over Glass Container Company S.A. and Glass Container Prim S.A., located in Republic of (...)

3 Sep 2020 R

Statute of limitations: Advocate General Pitruzzella examines the conditions under which the application of the provisions of the Romanian Law on the statute of limitations can be dismissed as contrary to the principles of loyal cooperation and effective implementation of European antitrust law (Consiliul Concurenţei / Whiteland Import Export)

Alain Ronzano • N° 4-2020

On 3 September 2020, Advocate General Giovanni Pitruzzella also delivered his Opinion in Case C-308/19 (Consiliul Concurenţei v Whiteland Import Export SRL): reference for a preliminary ruling from the Romanian High Court of Cassation and Justice. The present case raises the question whether (...)

25 Aug 2020 B

The Romanian Competition Authority fines €2.5 million a pharmaceutical company for failure to observe commitments in an abuse of dominance probe (GlaxoSmithKline)

Peter L’Ecluse, Catherine Longeval, Koen T’Syen • August 2020

The Romanian Competition Authority announced on 25 August 2020 that it imposed a fine of 11.9 million lei (approximately EUR 2.5 million) on GlaxoSmithKline (GSK) for its failure to observe in full commitments which it had given earlier to allow the competition authority to terminate an inquiry (...)

25 Aug 2020 B

The Romanian Competition Authority analyses a merger in the market for animal feed and related markets (Koninklijke DSM / Erber)

Romanian Competition Authority • August 2020

The Competition Council Analyses the Taking Over of Erber Aktiengesellschaft by Koninklijke DSM N.V.* The Competition Council analyses the transaction by which Koninklijke DSM N.V. and its subsidiary, DSM International Participations B.V., intends to take over Erber Aktiengesellschaft. (...)

25 Aug 2020 B

The Romanian Competition Authority fines pharmaceutical company for non-compliance with some of its commitments assumed during the investigation regarding possible abuse of dominant position (GlaxoSmithKline)

Romanian Competition Authority • August 2020

The Competition Council Sanctioned Glaxosmithkline Srl With Fine of 11.9 Million Lei* The Competition Council sanctioned GlaxoSmithKline (GSK) SRL with fine of lei 11.9 million for non-compliance with some of its commitments assumed during the investigation regarding a possible abuse of (...)

20 Aug 2020 B

The EU Commission approves €62 million Romanian loan guarantee to compensate a national airline for damage suffered due to COVID-19 outbreak and provide the airline with urgent liquidity support (Blue Air)

European Commission • August 2020

State aid: Commission approves €62 million Romanian loan guarantee to compensate Blue Air for damage suffered due to coronavirus outbreak and provide the airline with urgent liquidity support* The European Commission has approved, under EU State aid rules, a Romanian loan guarantee of up to (...)

18 Aug 2020 B

The Romanian Competition Authority authorizes the transfer of some assets between 2 companies operating in the production and marketing of automotive and other spare parts (Delfingen Industry / Schlemmer Group)

Romanian Competition Authority • August 2020

The Competition Council Authorized the Taking Over of Some Assets of Schlemmer Group by Delfingen Industry S.A.* The Competition Council authorized the transaction by which Delfingen Industry S.A. takes over some assets and shares of the Schlemmer Group. Delfingen Industry S.A. is based in (...)

17 Aug 2020 B

The Romanian Competition Authority launches for public debate the commitments proposed by 3 companies applying to use commercial rooms inside an international airport (Dnata Catering / Millenium Pro Design / CN Aeroporturi București)

Romanian Competition Authority • August 2020

The Competition Council Launches for Public Debate the Commitments Proposed by Dnata Catering SRL, Millenium Pro Design SRL and CN „Aeroporturi București” SA* The Competition Council launches for public debate the commitments proposed by Dnata Catering SRL, Millennium Pro Design SRL and Compania (...)

14 Aug 2020 B

The Romanian Competition Authority starts analyzing a takeover in the import of international cars (Trust Motors / Opel Automotive R)

Romanian Competition Authority • August 2020

The Competition Council Analyses the Taking Over of Opel Automotive R Srl by Trust Motors* The Competition Council analyzes the transaction through which Trust Motors SRL intends to take over the company Opel Automotive R SRL. Trust Motors SRL is part of the group of companies owned by Mr. (...)

12 Aug 2020 B

The Romanian Competition Authority launches for public debate the commitments proposed by banks intending to become joint shareholders of a provider of integrated cash management services (Société Générale / Raiffeisen Bank / Banca Comercială Română)

Romanian Competition Authority • August 2020

The Competition Council Launches for Public Debate the Commitments Proposed by BRD, Raiffeisen and BCR* The Competition Council launches for public debate the commitment proposals formulated by BRD - Groupe Société Générale SA (BRD), Raiffeisen Bank SA and Banca Comercială Română (BCR) in order to (...)

5 Aug 2020 B

The EU Commission clears financial support granted by Romania to an airport as a compensation for the damage caused by the COVID-19 outbreak (Timisoara airport)

Michele Giannino • August 2020

Introduction Applying Article 107(2)(b) TFEU the European Commission has cleared financial support granted by Romania to Timisoara Airport as compensation for damage caused by the outbreak of Covid-19. Background Following the declaration of a state of emergency in Romania on 16 March 2020, (...)

4 Aug 2020 B

The Romanian Competition Authority opens investigation into the takeover of certain assets and shares between 2 competitors in the market for automotive components (Schlemmer Group / Delfingen Industry)

Romanian Competition Authority • August 2020

The Competition Council Analyses the Taking Over of Some Assets of Schlemmer Group by Delfingen Industry S.a* The Competition Council analyses the transaction by which Delfingen Industry S.A. intends to take over some assets and shares of Schlemmer Group. Delfingen Industry S.A., based in (...)

4 Aug 2020 B

The Romanian Government launches a draft law on the authorisation 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

Alina Popescu • August 2020

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 (...)

24 Jul 2020 B

The Romanian Competition Authority authorizes the set up of a joint-venture in the agricultural sector (Al Dahra Agriculture / OCP)

Romanian Competition Authority • July 2020

The Competition Council authorized the set up of a joint venture company by Al Dahra Agriculture LLC, United Arab Emirates and OCP s.a. Morocco* The Competition Council authorized the set up of a joint venture company by Al Dahra Agriculture LLC, United Arab Emirates and OCP S.A., Morocco. (...)

13 Jul 2020 B

The Romanian Competition Authority recommends "relaxation" of conditions for registering the mortgage notices in the national register for movable property publicity

Romanian Competition Authority • July 2020

The Competition Council Recommends „relaxation” of Conditions for Registering the Mortgage Notices in the National Register for Movable Property Publicity* Following a sector inquiry, the Competition Council found that certain conditions of accessing the market for mortgage registration services (...)

1 Jul 2020 B

The Romanian Competition Authority releases for public consultation the new guide on vertical agreements

Romanian Competition Authority • July 2020

The Competition Council Launches for Public Debates the Guide on Vertical Agreements* The Competition Council elaborated the "Guide on vertical agreements" in order to support companies that have to assess, on a case-by-case basis, the compatibility of the vertical agreements they wish to (...)

16 Jun 2020 B

The Romanian Competition Authority recommends that retailers affected by COVID-19 can negotiate their rental agreements as a group through intermediaries to avoid breaking competition law in the process

Romanian Competition Authority • June 2020

The Competition Council Makes Recommendations in the Context of Reopening the Shopping Centres* The Competition Council recommends those companies that have rented commercial spaces in shopping centres to independently negotiate their contractual conditions with the owners/administrators of (...)

10 Jun 2020 B

The Romanian Competition Authority expects to see price reductions in the natural gas market following its liberalization and global decreases in oil prices

Romanian Competition Authority • June 2020

The Liberalization of the Natural Gas Market Should Lead to Price Reduction* In the context of the liberalization of the gas market for household consumers, the Competition Council points out that both at wholesale and retail level (household customers), there must be a normal competitive (...)

21 May 2020 B

The Romanian Competition Authority issues findings from its study on the impact of the collaborative economy on the competitive environment and the competition policy

Romanian Competition Authority • May 2020

The Development of the Collaborative Economy and the Relaxation of Market Access Conditions for Traditional Service Providers Leads to the Improvement of Competition* The Coronavirus pandemic has demonstrated once again that digitalization, increasing the importance of platforms, technological (...)

11 Apr 2020 B

The EU Commission approves €3.3 billion Romanian scheme to support SMEs with direct grants and loan guarantees in COVID-19 outbreak

European Commission • April 2020

State aid: Commission approves €3.3 billion Romanian scheme to support SMEs in coronavirus outbreak* The European Commission has approved a RON 16 billion (approximately €3.3 billion) Romanian scheme to support small and medium-sized enterprises (SMEs) in the context of the coronavirus (...)

19 Mar 2020 B

The Romanian Competition Authority sets down guidelines on business practices for companies during the COVID-19 pandemic

Claudia Nagy, Cristina Popescu, Horea Popescu • March 2020

The Romanian Competition Council (RCC) has just set down guidelines on business practices for companies during the COVID-19 pandemic. While the competition watchdog acknowledges that companies should take certain protective measures to prevent the spread of the coronavirus (e.g. reduce (...)

24 Feb 2020 B

The EU Commission approves a Romanian rescue aid to state-owned airline company (TAROM)

European Commission • February 2020

State aid: Commission approves around €36 million Romanian rescue aid to state-owned flag carrier TAROM* The European Commission has approved, under EU State aid rules, Romania’s plans to grant a temporary loan of approximately €36.7 million (around RON 176 million) to the state-owned flag (...)

24 Feb 2020 B

The EU Commission approves public funding granted by Romania to an airport as well as the fees payable by all airlines using the airport (Timișoara)

European Commission • February 2020

State Aid: Commission clears public support to Timișoara Airport, airport fees and discounts, as well as individual agreements with Wizz Air* The European Commission has cleared the public funding granted by Romania to Timișoara Airport between 2007 and 2009, as well as the fees payable by all (...)

10 Dec 2019 B

The Romanian Competition Council updates and enacts new guidelines on the assessement of fines

Alina Popescu, Flavia Stefura, Oana Savulescu • December 2019

Introduction Competition authorities at both European and national level develop and update policies regarding the enforcement of competition legislation. Such a policy for the prevention of infringements of competition law rules was recently updated by the Romanian Competition Council (...)

4 Dec 2019 B

The Romanian Competition Authority updates its organisation and functioning, including new attributions for the personnel, and new duties for the departments and divisions

Magda Grigore, Andreea Bădiceanu • December 2019

On December 4, 2019, the Order of the President of the Romanian Competition Council no. 985/2019 (“Order no. 985/2019”) on the implementation of the regulation regarding the organization and functioning of the Romanian Competition Council (“RCC”) was published in the Official Gazette no. 976. Order (...)

18 Jul 2019 R

Remedies: The European Commission clears an acquisition in the cable TV sector (Vodafone / Certain Liberty Global Assets)

Alain Ronzano • N° 4-2019

On 30 October 2019, the Commission published the Decision of 18 July 2019 under which it authorized, at the end of a phase II, the acquisition by the British company Vodafone of the cable distribution business of the British company Liberty Global in the Czech Republic, Germany, Hungary and (...)

18 Jun 2019 R

Notion of aid: The General Court of the European Union holds that the award of damages for the period preceding Romania’s EU membership cannot be qualified as advantage and aid (Micula)

Alain Ronzano • N° 3-2019

In the case of the arbitration in favour of Swedish investors in Romania, the General Court of the European Union ruled that the Commission was not competent to deal with facts prior to Romania’s accession to the EU and, therefore, that the award of damages for the period preceding that (...)

18 Jun 2019 B

The EU General Court annuls the Commission’s State aid decision on the basis that it lacked jurisdiction to implement relevant law in situation where all relevant facts have taken place before Romania’s accession to the EU (Micula)

Athanase Popov • June 2019

The Micula case has been used by the opponents of investment treaty arbitration to argue that such arbitration circumvents and breaches EU State aid law. The Micula case was initially about the judicial review of the withdrawal of individual incentives granted to the investor and withdrawn by (...)

30 Jan 2019 B

The Romanian Competition Authority fines six undertakings for an anticompetitive agreement in the market of maintenance services required for ship equipment (Japan Radio / Alphatron Marine / Space Electronics / Alhoutyam / Navtron / Polar Denizcilikve Deniz Malzemeleri)

Romanian Competition Authority • January 2019

The Competition Council sanctioned with 2 million euro six companies for anticompetitive agreements* The Competition Council sanctioned with fines totalling 9,002,621.75 lei (approx. 2 million Euro) for an anti-competitive agreement aiming at the limitation of marketing of the maintenance (...)

22 Jan 2019 B

The Romanian Competition Authority fines three companies on the wood market for bid-rigging (Forestar / Nico Paul / Saniral)

Romanian Competition Authority • January 2019

The Competition Council sanctioned three companies on wood market for rigging the bid* The Competition Council sanctioned three companies with fines totalling lei 2,315,077 (about 497,866 Euro) for rigging the bid conducted by Romsilva through the Neamt Forestry Department for the exploitation (...)

21 Jan 2019 B

The Romanian Competition Authority fines 13 tourism agencies and the National Associations of Tourism Agencies for coordinating behavior (ANAT)

Romanian Competition Authority • January 2019

The Competition Council sanctioned 13 tourism agencies and Anat with fines of €2,45 million* The Competition Council sanctioned 13 tourism agencies and the National Associations of Tourism Agencies (ANAT) with total fines of 11.419.539.35 Lei (approximately €2,45 million) for coordinating (...)

18 Jan 2019 B

The Romanian Competition Authority fines a phone company for abuse of dominance (Orange Romania)

Romanian Competition Authority • January 2019

The Competition Council sanctioned Orange Romania with fines of €14 million* The Competition Council sanctioned Orange Romania with fines of 64.915.183 Lei (approximately €14 MILLION) for abuse of a dominant position. The Competition Authority found that, in 2011-2015, the telephone operator (...)

18 Jan 2019 B

The Romanian Competition Authority fines a company operating in the retail market of IT products, home appliances and marketing via e-commerce platforms for gun jumping (Corsar Online)

Romanian Competition Authority • January 2019

The Competition Council sanctioned Corsar Online Srl with fines of 1.6 million lei * The Competition Council sanctioned the company Corsar Online SRL with fines of approximately 1.6 million lei for the implementation of a merger before being authorized by the Competition Authority. In the (...)

16 Jan 2019 B

The Romanian Competition Authority opens an investigation for abuse of dominance against a distributor in the gas sector (Delgaz Grid)

Romanian Competition Authority • January 2019

The Competition Council opened an investigation on a possible abuse of dominant position of Delgaz Grid SA* The Competition Council opened an investigation on a possible abuse of dominant position of Delgaz Grid SA, a member of E.ON Romania Group, manifested through a differentiated treatment (...)

17 Dec 2018 B

The EU Commission finds that a Romanian petrochemical company received around €335 million of incompatible aid (Oltchim)

European Commission • December 2018

State aid: Romania needs to recover incompatible aid from petrochemical company Oltchim* The European Commission has found that Romanian petrochemical company Oltchim received around €335 million of incompatible aid from Romania, since the company’s failed privatisation in September 2012. (...)

7 Dec 2018 B

The EU Commission decides to refer Romania to the EU Court of Justice for failing to fully recover illegal State aid (Viorel / Ioan Micula)

European Commission • December 2018

State aid: Commission refers Romania to Court for failure to recover illegal aid worth up to €92 million* The European Commission has decided to refer Romania to the European Court of Justice for failing to fully recover illegal State aid worth up to €92 million from Viorel and Ioan Micula and (...)

10 Sep 2018 B

The Romanian Competition Authority opens an investigation regarding an alleged dominant position on the market of energy production and trading (Hidroelectrica)

Romanian Competition Authority • September 2018

THE COMPETITION COUNCIL INVESTIGATES A POSSIBLE ABUSE OF DOMINANT POSITION OF HIDROELECTRICA SA* The Competition Council opened an investigation concerning an alleged dominant possition of Hidroelectrica SA on the market of Romanian market energy production and trading. The Competition (...)

30 Jul 2018 B

The Romanian Ministry of Finance activates approved State aid scheme under which it offers investors non-reimbursable funding for investments made in Romania with significant economic impact

Alina Popescu • State aid scheme

1. Introduction On July 30, the Romanian Ministry of Finance issued an order launching the procedure whereby investors may obtain non-reimbursable funding for investments made in Romania. The funding is regulated by Government Decision no. 807/2014 on the setting up of a State aid scheme (...)

2 Jul 2018 B

The Romanian Competition Authority opens an investigation in the immunoglobulin market

Romanian Competition Authority • July 2018

Competition Council opens investigation in the immunoglobulin market* Simultaneous inspections in Romania, Belgium and Italy The Competition Council has opened an investigation regarding an alleged agreement amongst the following producers of normal human immunoglobulins, owning marketing (...)

23 Apr 2018 B

The Romanian Competition Authority clears a merger subject to remedies in the pharmaceutical sector (A&D Pharma / Glebi)

Romanian Competition Authority • April 2018

THE COMPETITION COUNCIL AUTHORIZED WITH CONDITIONS THE TAKING OVER OF A&D PHARMA HOLDINGS NV BY GLEBI HOLDINGS PLC* The Competition Council authorised with conditions the transaction by which Glebi Holdings PLC takes over A&D Pharma Holdings NV. Glebi Holdings PLC is part of Penta (...)

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