LEGE no. 11 11 of 29 January 1991 (* updated *) on combating unfair competition ((updated on 25 May 2015 *)
ISSUER
PARLIAMENT
---------- The Romanian Parliament adopts this law + Article 1 (1) The present law aims to ensure fair competition, in compliance with honest usages and the general principle of good faith, in the interest of those involved, including respecting the interests of consumers. ... (2) Businesses have the obligation to act in compliance with honest usages, in accordance with the general principle of good faith and with this law. ... (3) The provisions of this Law shall apply to natural or legal persons, Romanian or foreign, who commit practices of unfair competition. ... ------------ Article 1 has been amended by section 1. 1 1 of art. I of ORDINANCE no. 12 12 of 31 July 2014 , published in MONITORUL OFFICIAL no. 586 586 of 6 August 2014. + Article 1 ^ 1 Within the meaning of this law, the following expressions have the following meanings: a) fair competition-the situation of market rivalry, in which each enterprise tries to simultaneously obtain sales, profit and/or market share, offering the best practical combination of prices, quality and related services, in compliance with honest usages and the general principle of good faith; ... b) commercial practices-any conduct, action, omission, endeavor or commercial communication, including advertising and marketing, carried out by an undertaking, in direct connection with the promotion, sale or supply of a product; ... c) honest plants-a set of generally recognized practices or rules that apply in commercial relations between enterprises, in order to prevent violations of their legitimate rights; ... d) trade secret-any information that, in whole or in part, is not generally known or is not easily accessible to people in the environment who ordinarily deal with this kind of information and who acquires a commercial value by the fact that is secret, for which the legitimate holder has taken reasonable steps taking into account the circumstances, in order to be kept in secret mode; the protection of trade secret operates as long as the previously stated conditions are met in a manner cumulatively; ... e) legitimate holder of a trade secret-any natural or legal person who has legal control over a trade secret; ... f) enterprise-defined according to art. 2 2 para. ((2) of the Competition Law no. 21/1996 ... , republished; g) consumer-defined according to provisions art. 2 lit. a) of Law no. 363/2007 ... on combating unfair practices by traders in relation to consumers and harmonising regulations with European consumer law, as amended; h) market participants-businesses and consumers. ... i) natural person-any former or current employee/representative of an enterprise or any other person who performs practices of unfair competition, as well as the contraventions provided in art. 4 4 para. ((3). ... ----------- Lit. i) of art. 1 ^ 1 was introduced by section 5.1. 1 1 of art. unique from LAW no. 117 117 of 21 May 2015 , published in MONITORUL OFFICIAL no. 355 355 of 22 May 2015, amending section 2 2 of art. I of ORDINANCE no. 12 12 of 31 July 2014 , published in MONITORUL OFFICIAL no. 586 586 of 6 August 2014. ------------ Article 1 ^ 1 was introduced by item 1. 2 2 of art. I of ORDINANCE no. 12 12 of 31 July 2014 , published in MONITORUL OFFICIAL no. 586 586 of 6 August 2014. + Article 2 (1) It constitutes unfair competition, for the purposes of this law, the commercial practices of the enterprise that contravene the honest usages and the general principle of good faith and which produce or cause damage to any market participants. ... (2) Unfair competition practices are prohibited, as follows: ... a) denigration of a competitor or its products/services, carried out by communication or spread by an enterprise or its representative/employee of information that does not correspond to the reality about the activity of a competitor or about its products, likely to harm its interests; ... b) the diversion of the clientele of an enterprise by a former or current employee/representative of or or by any other person through the use of trade secrets, for which that enterprise has taken reasonable insurance measures their protection and the disclosure of which may harm the interests of that undertaking; ... c) any other commercial practices that run counter to honest usages and the general principle of good faith and which produce or cause damage to any market participants. ... ------------ Article 2 has been amended by section 2. 3 3 of art. I of ORDINANCE no. 12 12 of 31 July 2014 , published in MONITORUL OFFICIAL no. 586 586 of 6 August 2014. + Article 2 ^ 1 (1) The Competition Council, as an autonomous administrative authority in the field of competition, shall ensure the protection of undertakings against unfair competition practices within the limits of the powers entrusted by this law. ... (2) The protection of traders against misleading and comparative advertising shall be ensured according to Law no. 158/2008 ... on misleading advertising and comparative advertising, republished. (3) Protecting the economic interests of consumers shall be ensured according to Law no. 363/2007 ... ,, as amended. (4) Protecting the collective interests of the public in the field of audiovisual media services is performed according to the Audiovisual Law no. 504/2002 ... , with subsequent amendments and completions. (5) The protection of industrial property rights in the field of trade marks and geographical indications shall be ensured Law no. 84/1998 ... on trademarks and geographical indications, republished, as amended. (6) The protection of industrial designs shall be ensured according to Law no. 129/1992 ... on the protection of designs, republished. (7) The protection of patents of inventions shall be ensured Law no. 64/1991 ... on patents, republished, as amended. (8) The protection of topographies and products shall be ensured Law no. 16/1995 ... on the protection of topographies of semiconductor products, republished. ------------ Article 2 ^ 1 has been introduced by item 1. 4 4 of art. I of ORDINANCE no. 12 12 of 31 July 2014 , published in MONITORUL OFFICIAL no. 586 586 of 6 August 2014. + Article 3 Violation of the obligation provided for in 1 attracts civil liability, contravention or criminal liability, under the conditions of this law. + Article 3 ^ 1 (1) ex officio or at the referral of natural or legal persons who have a legitimate interest, the Competition Council finds and, as the case may be, sanctions unfair competition, within the limits of the powers provided by this law. ... (2) The Competition Council may decide, as appropriate: ... a) cessation of unfair competition practices during the settlement of the complaint; ... b) prohibition of unfair competition practices; ... c) the application of contravention fines, if the practice of unfair competition constitutes contravention. ... ------------ Art. 3 ^ 1 was introduced by item 1. 5 5 of art. I of ORDINANCE no. 12 12 of 31 July 2014 , published in MONITORUL OFFICIAL no. 586 586 of 6 August 2014. + Article 3 ^ 2 (1) The Competition Council will establish by regulation the procedure for the settlement of complaints about unfair competition practices. ... (2) The authors of the referrals are required to provide evidence in relation to both the possible practice of unfair competition, the legitimate interest and the risk of injury. At the written request of the Competition Council, they are required to provide the competition authority with all the information and documents requested. The referral will be declared as complete on the date of submission of all requested documents and information. ... (3) The effects of an unfair competition practice shall be determined by taking into account, but not limited to, the degree of social danger, the circumstances in which it was committed, and the importance of the economic sector in which it was committed. Product in the national economy. ... (4) If the Competition Council considers that the effects of an unfair competition practice are minor or that the complaint is unfounded, within 30 days of registration it will communicate to the authors a reasoned response. ... (5) The deadline for settling the complaints that meet the conditions provided in par. (3) is 60 days from the date on which the referral is complete, according to par. ((2). ... (6) In the cases provided in par. (3), within the period provided in par. (5), the Competition Council shall adopt a decision finding and, where appropriate, sanctioning unfair competition practices. ... (7) The decisions of the Competition Council which are found and, where appropriate, shall be sanctioned by the remaining unfair competition practices shall be probative in respect of the commission of a practice of unfair competition. ... ------------ Article 3 ^ 2 has been introduced by item 5 5 of art. I of ORDINANCE no. 12 12 of 31 July 2014 , published in MONITORUL OFFICIAL no. 586 586 of 6 August 2014. + Article 3 ^ 3 (1) Decisions adopted by the Competition Council according to art. 3 ^ 1 para. ((2) shall be communicated immediately, but no later than 5 days after the issue, to the natural and legal persons concerned, who are required to comply immediately with the measures ordered. ... (2) The decisions of the finding and, as the case may be, shall be challenged according to art. 49 49 para. ((1) of Law no. 21/1996 ... , republished, which shall apply accordingly. (3) The decisions adopted by the Competition Council by which contravention sanctions are applied, unchallenged, constitute the enforceable title. ... ((4) The decisions adopted by the Competition Council shall be published on the website of the institution, as well as in a newspaper of wide circulation, in compliance with confidential data and trade secrets. Advertising expenses shall be borne by the offender. ... ------------ Article 3 ^ 3 has been introduced by item 5 5 of art. I of ORDINANCE no. 12 12 of 31 July 2014 , published in MONITORUL OFFICIAL no. 586 586 of 6 August 2014. + Article 3 ^ 4 (1) Competition inspectors may require undertakings, public authorities and institutions, as well as natural persons defined in art. 1 1 ^ 1 lit. i) the information and documents required for the settlement of complaints regarding unfair competition practices, indicating the legal basis, the purpose, the deadlines, as well as the penalties provided by law. ... ----------- Alin. ((1) of art. 3 ^ 4 was amended by section 4.2. 2 2 of art. unique from LAW no. 117 117 of 21 May 2015 , published in MONITORUL OFFICIAL no. 355 355 of 22 May 2015, amending section 5 5 of art. I of ORDINANCE no. 12 12 of 31 July 2014 , published in MONITORUL OFFICIAL no. 586 586 of 6 August 2014. (2) Information collected according to par. (1) may only be used for the purposes of the application of competition law. ... (3) In order to resolve the complaints regarding the unfair competition practices provided for in art. 4 4, competition inspectors may carry out unannounced inspections only if there are indications that documents may be found or information deemed necessary for the performance of their mission may be obtained. ... (4) Unannounced inspections shall be carried out in accordance with the provisions of Law no. 21/1996 ... , republished. ------------ Art. 3 ^ 4 was introduced by section 4. 5 5 of art. I of ORDINANCE no. 12 12 of 31 July 2014 , published in MONITORUL OFFICIAL no. 586 586 of 6 August 2014. + Article 4 (1) It constitutes contraventions, insofar as they are not committed under such conditions as to be considered according to the criminal law offences, the violation with guilt of the provisions of art. 2 2 para. ((2) lit. a) and b). ... (2) Contraventions provided in par. ((1) shall be sanctioned with: ... a) fine from 5,000 lei to 50,000 lei for contraventions committed by legal entities; ... b) fine from 5,000 lei to 10,000 lei for contraventions committed by individuals. ... ----------- Lit. b) a par. ((2) of art. 4 4 has been amended by section 4.2 3 3 of art. unique from LAW no. 117 117 of 21 May 2015 , published in MONITORUL OFFICIAL no. 355 355 of 22 May 2015, amending section 6 6 of art. I of ORDINANCE no. 12 12 of 31 July 2014 , published in MONITORUL OFFICIAL no. 586 586 of 6 August 2014. (3) It constitutes a contravention, insofar as it is not committed under such conditions as to be considered according to the criminal law offences, the following acts committed with guilt by natural or legal persons: ... ----------- The introductory part of para. ((3) of art. 4 4 has been amended by section 4.2 3 3 of art. unique from LAW no. 117 117 of 21 May 2015 , published in MONITORUL OFFICIAL no. 355 355 of 22 May 2015, amending section 6 6 of art. I of ORDINANCE no. 12 12 of 31 July 2014 , published in MONITORUL OFFICIAL no. 586 586 of 6 August 2014. a) the provision of inaccurate, incomplete or misleading information or incomplete documents or failure to provide the information and documents requested according to the provisions of art. 3 3 ^ 4; ... b) the provision of information, documents, records and records in an incomplete form during the inspections carried out; ... c) unjustified refusal of enterprises to submit to an inspection carried out according to the provisions of art. 3 3 ^ 4; ... d) non-compliance with the measures imposed by the Competition Council according to 3 ^ 1 para. ((2) lit. a) and b). ... (4) The commission by enterprises, the authorities and public institutions of the contraventions provided in par. (3) is sanctioned with a fine of 1,000 lei to 10,000 lei. ... (5) The commission by individuals of the contraventions provided in par. (3) is sanctioned with a fine of 500 lei to 2,000 lei. ... ------------ Article 4 has been amended by section 4. 6 6 of art. I of ORDINANCE no. 12 12 of 31 July 2014 , published in MONITORUL OFFICIAL no. 586 586 of 6 August 2014. + Article 4 ^ 1 (1) The individualization of the sanction in the case of committing one of the contraventions provided for in this law shall be made taking into account the seriousness of the act, its effects, as well as the sanctions received in the last 2 years by the individual or the legal case. ... (2) By exception to the provisions art. 13 of Government Ordinance no. 2/2001 ... on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions, the application of the contravention sanctions provided in art. 4 4 para. (1) shall be prescribed within 3 years from the date of the commission of the contraventions. (3) Finding and sanctioning the contraventions provided in art. 4 4 para. (3) return to competition inspectors, with the exception of junior competition inspectors. ... ((4) Contraventions provided for in art. 4 4 para. (3) the provisions of Government Ordinance no. 2/2001 ... , approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions, except art. 5-8 5-8, 28 and 29. ------------ Alin. ((4) art. 4 ^ 1 was amended by RECTIFICATION no. 12 12 of 31 July 2014 , published in MONITORUL OFFICIAL no. 662 662 of 9 September 2014. (5) The amount of contravention fines provided for by this law can be updated by Government decision, at least 2 years, depending on the inflation rate. ... (6) By way of derogation from provisions art. 32 32 para. (1) of Government Ordinance no. 2/2001 ... , approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions, against the minutes of finding and sanctioning the contraventions provided by this law, a complaint can be introduced at the District Court 1 Bucharest, within 15 days of communication. ----------- Alin. ((6) of art. 4 ^ 1 was introduced by section 1. 4 4 of art. unique from LAW no. 117 117 of 21 May 2015 , published in MONITORUL OFFICIAL no. 355 355 of 22 May 2015, amending section 7 7 of art. I of ORDINANCE no. 12 12 of 31 July 2014 , published in MONITORUL OFFICIAL no. 586 586 of 6 August 2014. ------------ Article 4 ^ 1 has been introduced by section 4. 7 7 of art. I of ORDINANCE no. 12 12 of 31 July 2014 , published in MONITORUL OFFICIAL no. 586 586 of 6 August 2014. + Article 5 It is a crime and is punishable by imprisonment from 3 months to 2 years or with a fine: a) the use of a company, emblem or packaging likely to cause confusion with those used legitimately by another trader; ... b) the commercial use of the results of experiments or other confidential information in relation to them, transmitted to the competent authorities for the purpose of obtaining marketing authorisations for pharmaceutical products or chemical products intended for agriculture, containing new chemical compounds; ... c) the disclosure, acquisition or use of trade secret by third parties, as a result of a commercial or industrial espionage action, if the interests or activity of a legal person are affected by it; ... d) disclosure or use of trade secrets by persons empowered by legitimate holders of these secrets in order to represent them before public authorities or public institutions, if its interests are affected by this activity of a legal person; ... e) the use by a person of those provided in art. 175 175 para. (1) of the Criminal Code of commercial secrets from which he became aware in the exercise of his duties, if the interests or activity of a legal person are affected by this; ... f) production in any way, import, export, storage, offering for sale or sale of goods or services bearing false mentions of patents, patents for plant varieties, trademarks, geographical indications, drawings or industrial models, topographies of semiconductor products, other types of intellectual property, such as the external appearance of the company, the design of the windows or the clothing of the staff, the advertising means and the like, the origin and the characteristics of the goods, and the name of the manufacturer or the trader, in order to mislead the other traders and the beneficiaries. ... By false mentions of the origin of goods, within the meaning of paragraph 1 lit. f), it is understood any indications of a nature to make it believe that the goods were produced in a certain locality, in a certain territory or in a certain state. False mention shall not be made of the origin of the goods the name of a product whose name has become generic and indicates in trade only its nature, unless the name is accompanied by a mention which might make it believe that it has that origin. ------------ Article 5 has been amended by art. 34 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 6 Repealed. ------------ Article 6 was repealed by point (a). 8 8 of art. I of ORDINANCE no. 12 12 of 31 July 2014 , published in MONITORUL OFFICIAL no. 586 586 of 6 August 2014. + Article 7 (1) Any person who has a legitimate interest can apply directly to the courts competent for the termination and prohibition of unfair competition practices, to cover the patrimonial and moral damage suffered as a result of a unfair competition practices, without the need to go through any formalities before the Competition Council. ... ((2) The actions arising from a practice of unfair competition are within the jurisdiction of the court of the commission of the act or in whose territorial area the seat of the defendant is located; in the absence of a headquarters the defendant's domicile court is competent. ... (3) In order to prevent imminent damage, the competent courts may order, in the emergency procedure, if they find, at a first assessment, the existence of unfair commercial practices, termination, and prohibition of until the case is resolved. ... (4) If the court ordered the termination, namely the prohibition of unfair competition practices, and the court decision ordering the measure remained final, the national competition authority will ensure, at the request of the person which has made the application for appeal, the publication on its website of a communiqué, which must include the premises and the other identification data of the undertaking, the practice of unfair competition committed, and the measures willing to court. ... (5) At the expense of the guilty person, the court may order the publication of the judicial decision, in whole or in part, in a newspaper ... (6) At the request of the legitimate holder of the trade secret, the court may order measures to prohibit the industrial and/or commercial exploitation of the products resulting from the illicit appropriation of the trade secret or the destruction of these products. The ban ceases when the protected information has become public. ... ----------- Article 7 has been amended by section 7. 5 5 of art. unique from LAW no. 117 117 of 21 May 2015 , published in MONITORUL OFFICIAL no. 355 355 of 22 May 2015, which introduces point 8 8 ^ 1 al art. I of ORDINANCE no. 12 12 of 31 July 2014 , published in MONITORUL OFFICIAL no. 586 586 of 6 August 2014. + Article 8 Criminal action in the cases provided in art. 5 is set in motion on the prior complaint of the injured person, on the complaint of the chamber of commerce and territorial industry or of another professional organization or on the complaint of persons empowered by the Competition Council. In application of this law, the Competition Council will have the powers provided for art. 33 33-38 and 40 of the Competition Law no. 21/1996 , republished, with subsequent amendments and completions. ------------- Article 8 has been amended by section 6.6. 2 2 of art. 27 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 8 ^ 1 (1) In order to define and implement public policies in the field of combating unfair competition, the Interinstitutional Council in the field of combating unfair competition, as a non-permanent body, is established in the following composition: ... a) Ministry of Public Finance; ... b) the national competition authority; ... c) the authority responsible for the protection of audiovisual rights; ... d) the national authority for consumer protection; ... e) the authority responsible for industrial property protection; ... f) the authority responsible for the protection of copyright and related rights. ... (2) The Interinstitutional Council in the field of combating unfair competition will be coordinated by the Ministry of Public Finance. ... (3) The Competition Council will ensure the secretariat of the works of the Interinstitutional Council in the field of combating unfair competition, provided in par. ((1). ... ------------ Article 8 ^ 1 has been introduced by item 1. 9 9 of art. I of ORDINANCE no. 12 12 of 31 July 2014 , published in MONITORUL OFFICIAL no. 586 586 of 6 August 2014. + Article 8 ^ 2 (1) The Interinstitutional Council in the field of combating unfair competition will issue a report on the implementation of legislation in the field of combating unfair competition, which will be submitted to the Government through the care of the Ministry of Public Finance. ... (2) The report will include an analysis on the main issues of combating unfair competition and proposals on public policies in the field. ... ------------ Article 8 ^ 2 was introduced by the section 9 9 of art. I of ORDINANCE no. 12 12 of 31 July 2014 , published in MONITORUL OFFICIAL no. 586 586 of 6 August 2014. + Article 8 ^ 3 The way of appointing members, the role, functioning and organization of the Interinstitutional Council in the field of combating unfair competition will be established by Government decision, at the proposal of the Ministry of Public Finance. ------------ Article 8 ^ 3 has been introduced by item 9 9 of art. I of ORDINANCE no. 12 12 of 31 July 2014 , published in MONITORUL OFFICIAL no. 586 586 of 6 August 2014. + Article 9 Repealed. ------------ Article 9 was repealed by point (a). 3 3 of art. 27 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 10 Repealed. ------------ Article 10 has been repealed by point (a) 3 3 of art. 27 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 11 Repealed. ------------ Article 11 was repealed by point (a). 3 3 of art. 27 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 12 Repealed. ------------ Article 12 has been repealed by point (a) 3 3 of art. 27 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 13 Repealed. ------------ Article 13 has been repealed by point (a) 3 3 of art. 27 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 14 Repealed. ------------ Article 14 has been repealed by point (a). 10 10 of art. I of ORDINANCE no. 12 12 of 31 July 2014 , published in MONITORUL OFFICIAL no. 586 586 of 6 August 2014. + Article 15 This law enters into force on the date of its publication in the Official Gazette of Romania. This law was passed by the Senate at its meeting on January 23, 1991. SENATE PRESIDENT academician ALEXANDRU BIRLADEANU This law was passed by the Assembly of Deputies at its meeting on 28 January 1991. PRESIDENT OF THE ASSEMBLY MARTIAN DAN By virtue art. 82 lit. m) of Decree-Law no. 92/1990 for the election of the parliament and the President of Romania, we promulgate the law on combating unfair competition and we have its publication in the Official Gazette of Romania. ROMANIAN PRESIDENT ION ILIESCU --------
