Law No. 21 Of 10 April 1996 Competition Law

Original Language Title:  LEGE nr. 21 din 10 aprilie 1996 legea concurentei

Read the untranslated law here: http://legislatie.just.ro/Public/DetaliiDocument/8005

Law No. 21 of 10 April 1996 (republished) competition law *) published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 153 of 29 February 2016 Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) the Republished pursuant to art. III of law No. 347/2015 approving Government Emergency Ordinance nr. 31/2015 for the modification and completion of the law on competition no. 21/1996 and for completing art. 1 of the Government Emergency Ordinance nr. 83/2014 regarding personnel paid from public funds in the year 2015, as well as other measures in the field of public spending, published in the Official Gazette of Romania, part I, no. 973 29 December 2015, posing a new texts.

Competition law nr. 21/1996 was republished in the Official Gazette of Romania, part I, no. 240 of 3 April 2014 and subsequently was amended and supplemented by:-Government Ordinance No. 12/2014 for the modification and completion of the law #. 11/1991 on combating unfair competition and other laws, the protection of competition published in the Official Gazette of Romania, part I, no. 586 6 august 2014, approved with amendments and completions by law No. 117/2015, published in the Official Gazette of Romania, part I, no. 355 of 22 may 2015;

-Government Emergency Ordinance nr. 77/2014 regarding national procedures in the field of State aid, and for the modification and completion of the law on competition no. 21/1996, published in the Official Gazette of Romania, part I, no. 893 on 9 December 2014, corrected in the Official Gazette of Romania, part I, no. 954 of 29 December 2014, approved with amendments and completions by law No. 20/2015, published in the Official Gazette of Romania, part I, no. 160 of 6 March 2015, with subsequent amendments;

-Government Emergency Ordinance nr. 31/2015 for the modification and completion of the law on competition no. 21/1996 and on completion of the Government Emergency Ordinance nr. 83/2014 regarding personnel paid from public funds in the year 2015, as well as other measures in the field of public spending, published in the Official Gazette of Romania, part I, no. 474 of 30 June 2015, approved with amendments and completions by law No. 347/2015.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Chapter I General provisions Article 1 this law aims at protecting, maintaining and stimulating competition and a normal competitive environment, in order to promote the interests of consumers.


Article 2 (1) the provisions of this law shall apply to acts and facts, which restrict, prevent or distort competition, committed by: a) the undertakings or associations of undertakings-natural or legal persons-citizenship, Romanian or foreign nationality, hereinafter undertakings;
  

b) authorities and institutions of the Central Government or local authorities, insofar as these, by decisions issued or adopted rules, intervening in market operations, directly or indirectly affecting competition, except when such measures are taken in the application of other laws or to defend an overriding public interest.
  

(2) for the purposes of undertaking this law means any entity engaged in an economic activity consisting in offering goods or services on a given market, regardless of its legal status and funding, as defined in the case law of the European Union.
  

(3) where appropriate, undertakings as defined in paragraph 1. (1) (a). He attends a) Group on the conventional path through agreement, agreement, pact, protocol, and the like, either explicit, veiled but public times without legal personality and irrespective of their form-Alliance coalition, group, block, the Federation and the like-acts and the acts referred to in paragraph 1. (1) in the framework of the participation of committed such a grouping, the provisions of this law shall apply to each undertaking, taking into account the principle of proportionality.
  

(4) the provisions of this law shall apply to acts and facts set out in paragraphs 1 and 2. (1) when they are committed on the territory of Romania, as well as those perpetrated outside the territory of the country, when they produce effects on Romanian territory.
  


Article 3 (1) the implementation of this law is entrusted to the Council as a national competition authority. The competition Council is an autonomous administrative authority, vested in the conditions, modalities and limits set by the provisions of this law.
  

(2) the competition Council applied the provisions of article. 101 and 102 of the Treaty on the functioning of the European Union, in accordance with the provisions of Regulation (EC) No 1782/2003. 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in articles 81 and 82 of the Treaty, as amended and supplemented, hereinafter referred to as the Council Regulation (EC) No 1782/2003. 1/2003, in cases where the acts or deeds of undertakings or associations of undertakings may affect trade between Member States of the European Union.
  


Article 4 (1) the prices and tariffs of the services and products of the work shall be determined freely by the competition on the basis of supply and demand. Prices and tariffs in the context of the activity of a natural monopoly or economic activities provided for by law shall be established and shall be adjusted with the opinion of the Ministry of public finance, except those for which, by law, are provided for other skills.
  

(2) In sectors of the economy or the markets where competition is excluded or substantially restricted by operation of law or by reason of the existence of a monopoly, the Government may, by decision, establish appropriate forms of price control for a period not exceeding 3 years, which may be extended for successive periods each not exceeding one year, if the circumstances that justified the adoption of such decisions continue to exist.
  

(3) For the economic sectors and in exceptional circumstances, such as crisis situations, the serious imbalance between supply and demand and obvious market malfunctioning, the Government may order temporary measures for combating excessive price growth or even blocking them. Such measures may be adopted by decision for a period of 6 months, which may be extended successively for periods each not exceeding 3 months, as long as the circumstances persist prompted the adoption of that decision.
  

(4) Government intervention in situations described in paragraph 1. (2) and (3) shall be made on the advice of the competition Council.
  


Chapter II anti-competitive practices in article 5 (1) are prohibited any agreements between undertakings, decisions of associations of undertakings and concerted practices which have as their object or have the effect of preventing, restricting times distortion of competition on the Romanian market or on a part thereof, in particular those which: (a)) shall, directly or indirectly, purchase or sale, or any other trading conditions;
  

b) limit or control production, marketing, technical development or investment;
  

c) share markets or sources of supply;
  

d) apply, in relations with trading partners, unequal conditions to equivalent benefits, thus creating a competitive disadvantage;
  

e) contracts conditional upon acceptance by the partners of some additional benefits that, by their nature or according to commercial usage, have no connection with the subject of such contracts.
  

(2) the prohibition provided for in paragraph 1. (1) does not apply to agreements or to categories of agreements between undertakings, decisions or categories of decisions of associations of undertakings, concerted practices or to categories of concerted practices when they meet all the following conditions: a) contribute to improving the production or distribution of goods or to promoting technical or economic progress, while at the same time, consumers a benefit corresponding to that made by parties to that understanding decision times, concerted practice;
  

(b) impose on the undertakings concerned) only those restrictions that are necessary for the attainment of these objectives;
  

c) does not give the undertakings the possibility of eliminating competition in a substantial part of the market in the products concerned.
  

(3) the categories of agreements, decisions and concerted practices, except through the application of paragraph 1. (2) as well as the conditions and criteria of employment categories are those set out in the regulations of the Council of the European Union or of the European Commission on the application of the provisions of art. 101 paragraphs 1 and 2. (3) of the Treaty on the functioning of the European Union to certain categories of agreements, decisions of associations of undertakings or concerted practices, known as "group exemption regulations, which shall apply accordingly.
  

(4) agreements, decisions and concerted practices referred to in paragraph 1. (1) which satisfies the conditions laid down in paragraph 1. (2) or falls into the categories specified in paragraph 2. (3) are deemed to be lawful, without the need for notification thereof by the parties and a decision by the competition Council.
  

(5) the burden of proof of a breach of the provisions of paragraph 1. (1) returns the competition Council. The undertaking or Association of undertakings claiming the benefit of the provisions of paragraph 1. (2) or (3) the onus of proving that the conditions laid down in those paragraphs.
  


(6) whenever the competition Council apply paragraph 1. (1) agreements, decisions or concerted practices, in so far as they may affect trade between Member States, it also applies the provisions of art. 101 of the Treaty on the functioning of the European Union.
  


Article 6 (1) it is prohibited to use abusively by one or more undertakings of a dominant position held on the Romanian market or in a substantial part of it. These abusive practices may consist in particular of:) the imposition, directly or indirectly, of sale or purchase or other unfair trading conditions;
  

b) limitation of production, marketing or technical development to the disadvantage of consumers;
  

c) application in relations with trading partners dissimilar conditions to equivalent benefits, thus creating a competitive disadvantage;
  

(d) the contract is concluded) conditioning the acceptance by the partners of some additional benefits that, by their nature or according to commercial usage, have no connection with the subject of such contracts.
  

(2) whenever the competition Council apply paragraph 1. (1) insofar as the use of improperly to dominance is likely to affect trade between Member States, it also applies the provisions of art. 102 of the Treaty on the functioning of the European Union.
  

(3) it shall be presumed, until proven to the contrary, that one or more undertakings is in a dominant position, where the share of aggregate market shares times, recorded during the period subject to analysis, exceed 40%.
  


Article 7 (1) article. 5 para. (1) does not apply in the following situations: (a)) where the aggregate market share held by the parties to the agreement does not exceed 10% on any of the relevant markets affected by the agreement when it is concluded between undertakings which are competitors, existing or prospective, on one of those markets;
  

b) if the market share held by each of the parties to the agreement does not exceed 15% on any of the relevant markets affected by the agreement when it is concluded between undertakings which are not competitors, existing or prospective, on any such market;
  

c) where it is difficult to determine whether an agreement between competitors or between neconcurenţi, apply the threshold of 10%, according to the provisions of paragraph 1. (1) (a). a). (2) when on a relevant market competition is restricted by the cumulative effect of agreements for the sale of goods or services concluded with the suppliers or distributors, the thresholds referred to in paragraph 1. (1) shall be reduced to 5%, both for agreements between competitors and agreements between neconcurenţi.
  

(3) Agreements do not restrict competition if the market shares do not exceed the thresholds of 10%, 15%, and 5% respectively, as referred to in paragraph 1. (1) and (2) by more than two percentage points in the course of two consecutive calendar years.
  

(4) the provisions of paragraphs 1 and 2. (1) to (3) shall not apply to agreements containing any of the following serious restrictions: a) as regards agreements between competitors as defined in paragraph 2. (1) the restrictions which, directly or indirectly, in isolation or in combination with other factors under the control of the parties, have as their object: 1. pricing for the sale of products by third parties;
2. the limitation of output or sales;
3. dividing markets or customers;

b) in respect of agreements between neconcurenţi, as defined in paragraph 2. (1) the restrictions which, directly or indirectly, in isolation or in combination with other factors under the control of the parties: 1. the restriction of the buyer's ability to determine its sale price, without prejudice to the possibility of the supplier's imposing a maximum sale price or recommending a sale price, provided that the latter may not be equivalent to a fixed-price sales minimum as a result of pressures of one of the part or all of the stimulus measures practiced by this;
2. territorial restrictions or the customers to whom the buyer may sell the goods or services covered by the contract, except when it comes to one of the following restrictions which are not serious: (i) the restriction of active sales into the exclusive territory or to an exclusive clientele reserved vendor supplier times ceded to another buyer, where such a restriction does not limit sales by the customers of the buyer;
(ii) the restriction of sales to end users by a buyer who goes on the market as a wholesaler;
(iii) the restriction of sales to unauthorized distributors made by members of a selective distribution system;
(iv) the restriction of the buyer's ability to sell components intended for incorporation of some clients that could use them for the manufacture of products similar to those produced by the supplier;
3. the restriction of active sales or passive sales to end-users conducted by members of a selective distribution system that acts on the market as retailers, without prejudice to the possibility of prohibiting a member of the system to conduct its activities from an unauthorized secondary headquarters;
4. restriction of cross-supplies between distributors within a selective distribution system, including between distributors acting at different levels of trade;
5. the restriction agreed between a supplier of components and a buyer who incorporates those components, which limits the ability of the supplier to selling the components as spare parts to end users, separated some repairers or other service providers that have not been designated by buyer for repair or maintenance of goods;
c) as regards agreements between competitors as defined in paragraph 2. (1) when acting, meaning competitors agreement at different levels of the chain of production or distribution, any of the serious restrictions listed in subparagraph (a). the a and b)).

(5) the provisions of paragraphs 1 and 2. (1) to (4) shall also apply to decisions of associations of undertakings and concerted practices.
  


Article 8 (1) it is prohibited to any action or inaction of the authorities and institutions of the central public administration entities and local times to which they delegate their powers, which restrict, prevent or distort competition, such as: a) limitation of freedom or the autonomy of the undertakings, in compliance with legal regulations exercised;
  

(b) the establishment of discriminatory conditions) for the undertaking.
  

(2) where the authorities or institutions of local public administration entities or the times they have delegated powers fails to comply, within the prescribed period, the measures ordered by decision of the competition Council in order to restore the competitive environment, it may bring the action in the Administrative Court, the Bucharest Court of appeal, asking the Court, where appropriate, annulment, in whole or in part the Act, which led to the collapse, preventing distortion of competition, forcing the times to the authority or institution to issue an administrative act or to perform a specific administrative operation.
  

(3) the competition Council may apply to the Court under the terms of paragraph 1. (2) within 6 months from the date of expiry of the period laid down in the decision, the authority or institution of the central or local public authorities have the obligation to comply with the necessary measures of restoring the normal competitive environment.
  


Chapter III economic Concentration in article 9 (1) shall be a concentration where the modification of control resulting from the merger of: a) two or more previously independent undertakings or parts of undertakings; or b) acquiring, by one or more persons already controlling at least one undertaking or by one or more undertakings, whether by purchase of securities or assets, whether by contract or by any other means, of direct or indirect control over one or more enterprises or parts thereof.
  

(2) the creation of a joint venture which meets on a lasting basis all the functions of an autonomous economic entity shall constitute a concentration according to paragraph 1. (1) (a). b). (3) to the extent that the creation of a joint venture constituting a concentration according to paragraph 1. (1) has the purpose or effect the coordination of the competitive behaviour of undertakings that remain independent, such coordination shall be assessed in accordance with the criteria laid down in article 21. 5 para. (1) to (3), as well as with those of art. 101 paragraphs 1 and 2. (1) and (3) of the Treaty on the functioning of the European Union, in order to determine whether or not the operation is compatible with a normal competitive environment.
  

(4) The attainment of the assessment under paragraph 1. (3) the competition Council shall take into account, in particular, the following criteria: a) If two or more parent companies retain, to a significant extent activities in the same market as the joint venture of the times in a market upstream or downstream towards the joint venture a market next door in the closely related to this market;
  


b) if through the coordination that represents the direct consequence of the creation of joint undertakings concerned the possibility of eliminating competition in respect of a substantial part of the goods or services concerned.
  

(5) according to the provisions of the present law, control shall be constituted by rights, contracts or any other elements, each one times taken together and taking into account the circumstances of fact or of law, confer the possibility of exercising decisive influence on an undertaking, in particular by: a) property rights or use of all or part of the assets of an undertaking;
  

b) rights or contracts which confer a decisive influence on the structure of the undertaking, voting or decisions of the organs of an undertaking.
  

(6) the control referred to in paragraph 1. (1) to (5) is acquired by the person or persons or by undertakings: a) are holders of the rights of the beneficiary times referred to in paragraph 1. (5);
  

b) are holders of the rights of the beneficiary times referred to in paragraph 1. (5), but have the power to exercise decisive influence afforded by them.
  


Article 10 does not constitute economic concentration operations where: a) control is acquired and exercised by a liquidator appointed by the Court or by another Office-public authority for carrying out a procedure for termination payments, recovery, composition, judicial liquidation, tracking or other similar procedure of enforced;
  

b) credit institutions or other financial institutions of the time insurance companies whose ordinary activities include trading and negotiation of securities into their account or for the account of others temporarily hold securities of an enterprise which you have acquired for the purpose of resale, provided that they do not exercise the voting rights attaching to the securities in question in order to determine the competitive conduct of the undertaking concerned or provided to exercise such voting rights only for preparing the sale of all or part of the undertaking concerned or its assets or sale of the securities in question and that the assignment to take place within a period of one year from the date of purchase; The competition Council may extend this period on request where such institutions or companies can show that the disposal was not reasonably possible, on reasonable terms, within the period prescribed;
  

c) control under the provisions of art. 9 para. (1) (a). b), is acquired by an enterprise whose sole object is to acquire holdings in other undertakings, to manage and capitalize on such holdings, without involving themselves directly or indirectly in the management of those undertakings, without prejudice, however, to bring the rights which the undertaking holds in its capacity as shareholder, provided that the voting rights connected with the shares held to be exercised in particular with regard to the appointment of the members of the management organs of the undertakings and the supervision to which they hold their holdings, only to maintain the full value of the investment in question and not to determine directly or indirectly the competitive conduct of those undertakings;
  

d) undertakings, including those forming part of the economic groups, restructuring or reorganisation operations of their own activities.
  


Article 11 prohibited merger that may significantly impede effective competition on the Romanian market or on a part thereof, in particular as a result of the creation or strengthening of a dominant position.


Article 12 (1) the provisions of this chapter shall apply to the economic concentration operations, when the aggregate turnover of the undertakings concerned in the operation exceeds the equivalent in lei of 10,000,000 euros and when at least two of the undertakings concerned in the territory of Romania, in part, a higher turnover than the equivalent in lei of 4,000,000 euros. The equivalent in lei are calculated at the exchange rate communicated by the National Bank of Romania valid for the last date of the fiscal year from the previous year to the completion of the operation.
  

(2) the value Thresholds laid down in paragraph 1. (1) may be amended by decision of the plenary of the Council, which will be implemented by order of the President of the Council, after obtaining the opinion of the Ministry of economy, trade and Business Relations, and shall enter into force six months after its publication in the Official Gazette of Romania, part I.
  


Article 13 (1) merger value exceeding the thresholds laid down in article 21. 12 must be notified to the competition Council before implementation and following the conclusion of the agreement, after the announcement of the public bid or after the takeover.
  

(2) notification shall be carried out and where the undertakings concerned demonstrate the Council's intention to conclude an agreement or, in the case of a public offer, announced its intention to make such a bid, provided that the agreement or the planned offer would result in a concentration that meets the conditions laid down in article 21. 12. (3) under the provisions of this law, the term "notified economic concentration" includes also the planned concentration, notified under paragraph 1. (2) and (4) merger which is achieved through the merger of two or more undertakings to be notified by each of the parties involved; in other cases, the notification shall be submitted by the person, undertaking or undertakings acquire control of one or more businesses fold over some parts of them.
  

(5) criteria for assessing the compatibility of the merger with a normal competitive environment, the notification procedure, to grant a derogation, deadlines, documents and information presented, the communications and the submission of observations by the enterprises concerned shall be determined by regulations and instructions adopted by the competition Council.
  

(6) it is prohibited to implement an economic concentration operations prior notification and prior to being compatible with a normal competitive environment, by a decision adopted by the competition Council, under art. 47. (7) the provisions of paragraphs 1 and 2. (6) shall not prevent the implementation of a public bid or of a series of transactions in securities including securities convertible into other securities admitted to trading on a market-type stock, which acquires control of art.7. 9 from different salespeople, if the following conditions are cumulatively met: a) concentration to be notified without delay to the Council under the provisions of paragraph 1. (1);
  

b) the acquirer does not exercise the voting rights attached to the securities in question or does so only to maintain the full value of its investment by virtue of a derogation granted by the competition Council, in accordance with paragraph 1. 8. (8) the competition Council may grant, on request, a derogation from the rule established in paragraph 2. (6) the application of the exemption must be given. The decision to issue the competition Council will take into account the economic effects of the suspension of the concentration of one or more of the undertakings involved in the transaction or the third party and the threat posed by concentration on competition. Such exceptions may be granted subject to conditions and obligations intended to ensure effective competition. A derogation may be granted at any time, both before and after the notification.
  

(9) the validity of any economic concentration operations, including those carried out in contravention of paragraph 1. (6) depends on the analysis and decision the competition Council adopt with regard to the operation, according to the provisions of art. 47 para. (2), (4), (5) and (8).
  


Chapter IV Competition Council Article 14 1 shall establish the competition Council, the autonomous administrative authority in the field of competition, with legal personality, which shall exercise their powers under the provisions of this law. The Council headquarters is in Bucharest.
  

(2) the organisational structure and staff of the competition Council, the powers of the management and execution of its staff shall be determined by regulations adopted by the Interior.
  


Article 15 (1) of the competition Council's plenary is a collegiate body and is composed of 7 members, as follows: a Chairman, two Vice-Chairmen and four counselors. Appointment of the members of the plenary Council shall be performed by the President of Romania, at the proposal of the Advisory Council of the College on the advice of the Government and after hearing candidates in specialized commissions of the Parliament. Rejection of a nominations may be made only upon presentation of the grounds on which it is based.
  

(2) the term of Office of the members of the competition Council is the plenary for 5 years, it may be renewed once, regardless of the duration of the mandate previously. Members of the plenary meeting the tasks according to the regulations approved by the Plenary or in accordance with the President's delegation.
  

(3) the President, Vice-Presidents and counselling competition must have a real independence and enjoy a high reputation for professional and civic probity.
  


(4) in order to be appointed a member of the Council, a person must meet the following conditions: a) is a citizen, a citizen of another Member State of the European Union times belonging to the European Economic area or the Swiss Confederation citizen;
  

b knows Romanian language);
  

c) has full capacity of exercise;
  

d) graduated with a Bachelor's degree to be proven;
  

e) gives proof of high professional competence in the field of competition;
  

f) enjoys a good reputation;
  

g) has a length of at least 10 years in the field of economic or legal;
  

h) is unable or has been sentenced for offences against Heritage Trust, disregard for corruption offences, offences of embezzlement, false entries, with tax evasion, crimes provided for by law No. 656/2002 in order to prevent and punish money laundering, as well as for measures to prevent and combat the financing of terrorism, republished, with subsequent amendments, or in respect of offences envisaged by this law or other criminal offences committed with intent, for which the law stipulates a prison sentence of three years or more.
  

(5) the President must be accomplished in a managerial post with broad responsibilities, in which proof of his professional and managerial competence.
  

(6) the membership of the Council is incompatible with any other professional or advisory activities with participation, direct or through frontmen in the management person or administration of public entities or private times with holding times of public dignity functions except for functions and activities for teaching in higher education, scientific research and literary and artistic creation. They may not be appointed experts or referees any of the parties or the Court, or by another institution.
  

(7) the members of the Council do not pose Competition to the plenary of the authority that appointed them and shall be independent in making decisions.
  

(8) the members of the Council and inspectors Plenum of competition may not be part of political parties or other political parties.
  

(9) the mandate of Member of the Plenum Council ceases on expiry of);
  

b) resignation;
  

c) death;
  

) impossibility of exercise, consisting of a downtime more than 60 consecutive days;
  

e) to carry out a of the incompatibilities referred to in paragraph 1. (6) and (8) in accordance with paragraph 1. (12);
  

f) through canceling, for extreme violation of this law or for condemnation, by court order, for committing a crime.
  

(10) the members of the Council to the plenary are revocabili, in the case referred to in paragraph 1. (9) (a). (f)), by the authority which appointed them. Until the final judgment of whether criminal charges they may be suspended from Office by the same authority.
  

(11) in the circumstances referred to in paragraph 1. (9) (a). b)-f) will proceed in accordance with paragraph 1. (1) and (2) the appointment and the appointment of a new Member of the plenary of the Council for a term of 5 years.
  

(12) the members of the Council are obliged to immediately notify the Council of any legal situations of incompatibility or impediment of those referred to in paragraph 1. (6) and (8), her being suspended from law office from the time of the occurrence of this situation, and if the situation is prolonged for over 10 consecutive days, cease to hold office and proceed in accordance with paragraph 1. (10) and (11).
  

(13) the work done by the members of the Council to the plenary is considered specialized experience required for appointment in their management of the regulatory authorities, as well as any other authorities or public institutions.
  


Article 16 in the case of the Office of President of the Council, for one of the situations referred to in article 1. 15 para. (9) (a). b)-f) pending the appointment and the appointment, in accordance with the law, has a new President, for the remaining period of the mandate, the interim will be assured by that Member of the Plenum, which has the greatest seniority in the post of Deputy Chairman of the competition Council.


Article 17 (1) before starting to exercise their function, every Member of the Council is obliged to lay in front of the President in the presence of others members appointed and after reading the presidential decree appointing the following oath: "I swear to respect the Constitution and laws of the country, to defend Romania's interests, rights and freedoms of citizens, let me meet with honor, dignity , loyalty, responsibility and duties without bias to me. So help me God! "

(2) the President of the competition Council provides the first oath.
  

(3) in the case of neprestării oath within 30 days from the date of its publication in the Official Gazette of the Decree of appointment, the member named is governed by the following resigning, resume the procedure of designating and appointing another person for the position has become vacant.
  

(4) Acts performed by any of the members of the Council prior to the provision of the oath are null and void.
  


Article 18 (1) the terms of Office of Board members Competition start at oath by them and shall expire upon the dates laid down in article 21. 15 para. (2) calculated from this date.
  

(2) If, on expiry, the Chairman of the competition Council approved for the next term of Office will not be rendered in compliance with the provisions of article oath. 17, the Competition Board members will continue their activity until the oath of the President of the Board, appointed for the next term of Office under the leadership of the previous President.
  

(3) where by the end of term of Office of a member of the plenary Council, under art. 15 para. (9) (a). to) is not named a successor, a member whose term expires on the plenary will continue working until the oath appointed for the next term of Office.
  


Article 19 (1) the competition Council operates, deliberates and makes decisions in plenary or in committees. The plenum Council convenes for the presence of the majority of members, but not less than 3 of them, and adopt decisions by a majority vote of the members present. The Commission shall adopt decisions by a majority of votes of the members. The plenum adopted decisions on the questions of economic-administrative nature, at the request of the President.
  

(2) each Commission consists of 3 members of the plenary Council. The President of the Council shall determine the composition of the Commission for each case and appoint one of its members to lead its works. At the request of a member of the Commission or of the President of the competition Council, the case with which the Commission has been granted shall be subject to the attention of the plenary Council, who will decide.
  

(3) on the basis of the judgment plenary or taken by the Commission, where appropriate, the President of the Council shall, by order, conducting investigations. By the same order is assigned to the case rapporteur, on the basis of the proposal of the Director general.
  

(4) for the purposes of this law, the competition Council shall consider in plenary: investigative reports of), any objections to it, and decide on the measures to be taken;
  

b merger authorisation);
  

c) points of view, the recommendations and opinions expressed in the realization of the duties provided for in this law;
  

(d) draft proposed regulations) for adoption;
  

e) annual report under article 13. 30 paragraph 2. (1) the annual report on State aid, as well as any other reports regarding competition and State aid;
  

f) incidence. 60 para. (4) and (5) the Council's plenary will be able to delegate the exercise of the powers referred to in paragraph 1. (4) (a). a), b) and (c)) a Committee consisting of 3 members of the plenary Council.
  

(6) every Member of The deliberative formations shall have one vote; in case of equal votes, sharing the solution passed the President prevails.
  

(7) decisions taken by the competition Council in the plenary in accordance with the provisions of paragraphs 1 and 2. (4) be signed by the President, on behalf of the Council. They can be appealed within 30 days of the publication or, if appropriate, of the communication, in the administrative procedure at the Bucharest Court of appeal. The sentence will be pronounced without appeal, against appeal they may be to the High Court of Cassation and justice.
  


Article 20 (1) the President of the competition Council employs his signature heritage through competition Council, as a legal entity and represents it as a public in front of natural and legal persons, legislative authorities, judicial and administrative nature, as well as other institutions, foreign and international. He shall exercise disciplinary powers over the entire staff of the competition Council.
  

(2) the orders and the decisions of the competition Council, which feature measures and apply sanctions, shall be signed by the President, and the rules adopted by the competition Council are implemented, the times suspended repealed by order of the President.
  


(3) In case of absence of the President's unavailability times, legal representation of the competition Council returns to one of the Vice-Presidents designated by order of the President for the duration of his absence or unavailability. In case of unavailability of the Vice Presidents of the competition Council, the delegation may be made by another Member of the Plenum Council designated by order of the President for the duration of his absence or unavailability.
  

(4) the President of the competition Council may delegate his powers of representation of any of the Vice-Presidents, Councillors, competition inspectors or other persons, the mandate must mention expressly delegated powers and their exercise.
  


Article 21 (1) for the purpose of exercising his powers, the competition Council shall draw up and adopt its rules of procedure, organization and functioning and constitute your device, at central and local level.
  

(2) the functions of the device, including its own inspectors and other personnel, conditions of employment by function, promotion in rank and incentive, and powers of each of the functions shall be established by the regulation adopted by the competition Council, in compliance with the regulations concerning the public function and civil servants and contractual staff regulations salaries in budgetary sector.
  

(3) public function for the competition Council is the inspector. By way of derogation from the provisions of art. 56 of law No. 188/1999 on the status of civil servants, republished, with subsequent amendments and additions, the permanent civil service employment specialist is only done through promotion, or by recruiting, in accordance with the legal provisions in force.
  

(4) the work carried out within the framework of the competition Council by the inspectors of the competition with higher education constitutes the subject.
  

(5) the work of inspectors from the competition with legal studies which exercises powers of representation of the interests of the authority in the courts of law, by way of derogation from the provisions of art. 84 paragraph 3. (1) of law No. 134/2010 code of civil procedure, republished, with subsequent amendments, constitutes the legal specialty and rank seniority in the legal work carried out by the legal adviser, under the provisions of art. 7 of law No. 514/2003 concerning the organisation and exercise of the profession of a legal adviser, with subsequent additions.
  


Article 22 the President of the competition Council is the rank of Minister, and the positions of Vice-President and Adviser to competition are similar in nature to that of Secretary of State.


Article 23 (1) In the Organization of the competition Council operates a Secretary general and a Deputy Secretary general, appointed and dismissed by the Prime Minister's decision, on a proposal from the Council, on the basis of the results obtained at the national competition entry in the category of senior public servants, in accordance with the law. The Secretary-General and the Deputy Secretary-General are senior civil servants who are subject to the status of senior civil servants, in accordance with the law. 188/1999, republished, with subsequent amendments and additions, and other specific rules. Their duties are laid down in the rules of the Organization, functioning and procedure adopted by the competition Council.
  

(2) The organization of the competition Council operates a general manager. This is the public servant leadership, and its powers shall be laid down in its rules of organization, functioning and procedure adopted by the competition Council.
  

(3) within the competition Council works Advisory College as non-permanent body, consisting of 11 by 17 representatives of the academic world, business environment and consumer protection associations and other individuals with prestige in the field of economic, legal, or competition.
  

(4) costs relating to the organisation of meetings of the College shall be borne by the budget of the Advisory Council, in compliance with the legal provisions.
  

(5) the members of the College are entitled to settlement Advisory, Council budget, expenses of travel and accommodation, where meetings are held in other than their home, in compliance with the legal provisions.
  

(6) the members of the College shall comply with the Advisory legal provisions regarding conflict of interest related to the activities within it. In the work of the Advisory College of law participates in the former Presidents of the Council.
  

(7) non-binding Advisory opinion issue College concerning the main aspects of competition policy. The Advisory College can operate working groups on specific themes.
  

(8) the procedure for appointing members, role, operation and organization of the Forum shall be laid down in its rules of procedure, approved by Decree of the Cabinet of Ministers).
  

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) see Judgment No. 390/2012 for approval of regulations on establishment and operation of the Advisory Council of the College of Competition published in the Official Gazette of Romania, part I, no. 305 of 8 may 2012, with subsequent amendments and additions.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 24 (1) the competition Council draws up its own draft budget is provided in State budget financing of the competition Council shall ensure that the national budget as well as from its own revenue sources. 31. (2) for the operation of the competition Council and its apparatus, the Government and, where appropriate, local public administration bodies competition Council will assign the necessary buildings management, i.e. land and facilities from public domain national interest or, where appropriate, local, within 60 days after the registration of the competition Council.
  

(3) the amounts of rates and fines or other penalties imposed by the competition Council to make come from the State budget, in accordance with the law.
  

(4) the decisions of the competition Council through fines or fees shall be laid down for the authorization constitute enforceable, without any formality, within 30 days of their communication.
  

(5) the competition Council will support, within the limits of budgetary funds have been approved with this destination, the amounts needed to ensure legal assistance for members of the Plenum, inspectors and other staff, in relation to the acts committed by them in the exercise, according to the law, the job duties when they indicted defendant quality times.
  

(6) the amounts awarded by the competition Council, the plenary members competition inspectors and other employees for legal assistance will be repaid by them, where through a final court judgement settled their guilt or that the Act was committed outside the duties of the service as provided by law.
  

(7) the procedure and conditions under which the amounts needed to ensure legal assistance shall be borne by the competition Council shall be regulated by order of the President of the competition Council.
  


Article 25 (1) of the competition Council has the following powers: (a) carry out investigations on the application). 5, 6, 8, 13 and article. 47 para. (3) of this Act and the provisions of article 7. 101 and 102 of the Treaty on the functioning of the European Union;
  

b) makes the decisions prescribed by law for cases of violation of the provisions of article 3. 5, 6, 8 and 13 of this law and the provisions of article 7. 101 and 102 of the Treaty on the functioning of the European Union, established as a result of investigations carried out by the inspectors;
  

c) accepts commitments and impose interim measures, as provided by law;
  

d) take decisions prescribed by law for cases of mergers;
  

e) withdraw, by decision, the exemption for agreements, decisions by associations of undertakings or concerted practices to which they apply the provisions of one of the European regulations for exemption by category under the provisions of art. 29 para. (2) of Council Regulation (EC) No 1782/2003. 1/2003;
  

(f) ensure effective implementation of the) decisions of their own, including the monitoring of the measures ordered and the effects of the merger approved by decisions conditioning;
  

g) carried out, on its own initiative, investigation of a certain economic sector or a specific type of agreement in different sectors, where the rigidity of prices or other circumstances suggest the restriction or distortion of competition on the market. The competition Council may publish a report on the results of the investigation concerning certain sectors of the economy or specific agreements in various sectors and calls on interested parties to submit comments;
  

h) refer the matter to the Government on the existence of a situation of monopoly or other cases, as referred to in art. "". (2) and (3), and propose the necessary measures for its remedy the dysfunctions observed;
  

I refer the matter to the courts) of any cases in which they are competent, according to the present law;
  

j) monitor the implementation of laws and other normative acts regulating the field incidents of this law;
  

k) refer the matter to the Government the cases of interference of Central and local public administration in the implementation of the present law;
  


l) deliver opinions or viewpoints to drafts of legislative acts, draft documents for public policies that may have anti-competitive impact, and may recommend changing them;
  

m) makes recommendations to the Government and local public administration bodies for the adoption of measures to facilitate market development and competition;
  

n) proposing to the Government or local government bodies to take disciplinary action against staff, in case it fails to comply with the mandatory provisions of the competition Council;
  

an accomplished and draw up studies) reports relating to its field of activity and provides the Government, public and specialized international organizations information concerning this activity;
  

p) represents Romania and promotes the exchange of information and experience in dealing with international organizations and institutions; as the national authority on competition, the competition Council is responsible for the relationship with the institutions of the European Union under the provisions of the relevant European legislation, and cooperate with other competition authorities;
  

r) establishes and approves the mission, overall strategy and programmes of activity of the competition authority;
  

s) take any other decisions in the performance of duties arising from this Act;
  

, etc) ensure the application of the provisions of Emergency Ordinance of Government No. 77/2014 regarding national procedures in the field of State aid, and for the modification and completion of the law on competition no. 21/1996, approved with amendments and completions by law No. 20/2015, and its subsequent amendments, as well as the application of the provisions of law No. 11/1991 on combating unfair competition, with subsequent amendments and additions.
  

(2) for the purposes of the exercise of powers referred to in paragraph 1. (1) (a). a) and g), the competition Council may carry out preliminary examinations, which shall have the right to request information and documents required under the provisions of art. 34 para. (2) and (3) In accordance with paragraph 1. (1) (a). l), the authorities and institutions of the Central and local public administration bodies are obliged to ask for opinions or points of view when initiates draft normative acts, draft documents for public policies that may have anti-competitive impact. Observations and proposals formulated in the opinion or viewpoint of the competition Council will be taken into consideration in finalizing the draft normative act, namely to draft documents for public policy.
  

(4) the competition Council, as a national competition authority, has all the rights and obligations provided for in Council Regulation (EC) No 1782/2003. 1/2003, as well as those laid down in Council Regulation (EC) No 1782/2003. 139/2004 of 22 January 2004 on the control of concentrations between undertakings. National courts have all the rights and obligations provided for in Council Regulation (EC) No 1782/2003. 1/2003.
  

(5) an investigation relating to a specific sector of the economy can be completed through identifying market failures that affect the competitive process. In this situation, the competition Council will get in as soon as possible, the necessary steps in order to create effective conditions of competition: a) issuing recommendations to the business environment, public authorities or consumers, in order to facilitate the development of the market and competition;
  

(b) promotion of specific rules), if it is established that market malfunctions were generated by the normative acts in force;
  

c) by decision imposing the measures necessary, appropriate and proportionate to remedy the market disruption.
  

(6) the measures provided for in paragraph 1. (5) (a). c) are subject to public consultation prior to the adoption of a decision. Undertakings against which to impose these measures have the right of access to documents of the Council, in accordance with the provisions of art. 45, and may submit in writing their point of view. In written comments, the parties concerned may request the Organization of hearings by the competition Council. The date by which submissions are sent, i.e. the date of the hearing, as applicable, shall be determined by the competition Council.
  

(7) All references in law No. 11/1991, as amended and supplemented, the Competition Office will be replaced by a reference to the competition Council. The competition Council will be able to use any of the tools provided by this law for the identification and sanctioning of acts of unfair competition.
  


Article 26 (1) the Board shall adopt regulations relating to Competition, issues orders and instructions, make decisions and formulate opinions, make recommendations and draw up reports pursuant to the provisions of this law.
  

(2) the competition Council may make recommendations for good practice in various economic sectors and guidance on various aspects of the application of the laws in the field of competition, with consideration of the practice of national courts and at European Union level, as well as the practice of the European Commission.
  

(3) the competition Council issues orders through which implements, suspend or repeal regulations adopted in plenary, has carried out the investigation, ordered the inspection, take measures relating to the management of internal and subordinate staff, and any other measures necessary for the accomplishment of the strategy and mission of the competition authority.
  

(4) the decisions of the competition Council are administrative acts unilaterally with individual character by that contravention of the provisions of this Act and apply sanctions, necessary measures shall have restitution of the competitive environment, resolve complaints based on the provisions of the present law, as well as applications and notifications relating to the merger.
  

(5) the opinions are formulated, recommendations and proposals are made, the views expressed, the reports are compiled and communicated, as appropriate, according to the published provisions of this law.
  


Article 27 (1) the draft regulations and instructions, as well as their modifications require the opinion of the Legislative Council, after which are adopted in the competition Council and implemented by order of the President of the competition Council.
  

(2) Regulations of the competition Council may be appealed in the administrative court at the Bucharest Court of appeal, in accordance with the law on administrative courts no. 554/2004, as amended and supplemented.
  


Article 28 the competition Council will communicate its views on any aspects of competition policy, at the request of Presidential Administration: a) and the Government of Romania;
  

b) parliamentary committees, senators and deputies;
  

c) authorities and institutions of Central and local public administration;
  

d) professional organizations and employer to the extent that they have the legal powers to regulate areas where it operates;
  

(e) consumer protection organizations);
  

f) courts and prosecutors ' offices.
  


Article 29 (1) With regard to the privatization policy, namely the branch or sectoral policies, the competition Council will consult with ministries and other organs of the central or local public administration, as well as the employers ' organizations concerned.
  

(2) bodies and organisations referred to in paragraph 1. (1) the Council shall send their point of view within a period of 30 days following the request. This view will be attached to the report on the case.
  

(3) in carrying out its duties the competition Council will consult with the central public administration bodies and local and will ask for information and assistance on their part.
  


Article 30 (1) the competition Council draws up an annual report on its activities and the way in which economic operators and public authorities comply with the competition rules, in accordance with the present law.
  

(2) the report shall be delivered by the competition Council and it gives the public.
  


Article 31 (1) this law shall establish the following charge: charge of merger approval, which shall be paid in the case of the issuance of a decision authorising art.7. 47 para. (2) and paragraphs 1 and 2. (4) (a). b) and (c)).
  

(2) the fee for the approval of economic concentration is determined by instructions of the competition Council between 10,000 and 25,000 euro for the issuance of a decision authorising art.7. 47 para. (2) between the euro and the euro 50,000 25,001, issue a decision in the case of authorization under art. 47 para. (4) (a). b) and (c)). The equivalent in lei of the authorization fee will be calculated at the exchange rate communicated by the National Bank of Romania valid for the last date of the fiscal year from the previous year of issue of the decision authorising the concentration.
  

(3) the amounts referred to in paragraph 1. (1) to make your own income to the budget of the competition Council.
  

(4) the competition Council may retain and use the revenue from the tax by authorising the merger, through the establishment of the activity financed entirely from own incomes.
  

(5) the income of the competition Council pursuant to paragraph 1. (4) shall be used for: (a) training for staff) the competition Council;
  

b) consultancy and expertise;
  

c) performance allowance granted to the competition Council staff with outstanding results, in accordance with the law;
  

d) editing and printing of the Romanian Magazine of competition;
  

e) other activities in the field of activity of the Council, in accordance with the law.
  


(6) the staff of the competition Council may qualify for the allowance granted to the performance of the proceeds referred to in paragraph 1. 4. How to grant compensation for performance shall be established by a regulation of the Council.
  

(7) the activity referred to in paragraph 1. (4) fits into the same budget chapter to which he is employed and the officer which has been set up.
  

(8) budget of revenue and expenditure shall be prepared for this task and is approved with the budget of the Council, in accordance with the legal provisions in force.
  

(9) annual Surplus resulting from the implementation of the budget of revenue and expenditure of the activity shall be carried over to the next year with the same destination, according to the legal provisions in force.
  

(10) the Implementation of the budget of the revenue and expenditure of the State Treasury, according to the legal provisions in force.
  

(11) Reporting of the performance of home budget of revenue and expenditure of the activity shall be carried out in accordance with the legal provisions in force.
  

(12) In contractual relations, the work referred to in paragraph 1. (4) is represented by the authorized persons of the institution which was established.
  


Chapter V procedure for preliminary examination, investigation and decision-making Article 32 (1) discovery and investigation of breaches of the provisions of this law and the provisions of article 7. 101 and 102 of the Treaty on the functioning of the European Union is the responsibility of the Council to act by inspectors.
  

(2) if the offence referred to in article 1. 65 paragraph 1. (1) approved personnel conditions para. (1) we can only perform acts laid down in art. 61 of Act No. 135/2010 regarding the criminal procedure code, with subsequent amendments and additions.
  


Article 33 (1) of the competition Council, according to its powers, has carried out the investigation, if there is sufficient basis in fact and law: a) ex officio;
  

(b) a complaint) natural or legal persons affected effectively and directly in contravention of the provisions of art. 5, 6, 8 and 13 of the present law, as well as of art. 101 and 102 of the Treaty on the functioning of the European Union, under the conditions mentioned in paragraph 1. 2. (2) for the purpose of rational use of resources for starting and conducting investigations, the competition Council may prioritize cases according to the potential impact on effective competition, the general interests of the consumers or the strategic importance of the economic sector concerned.
  


Article 34 (1) in order to investigate complaints brought under art. 33 para. (1) (a). b) and merger notifications, as well as in the exercise of powers laid down in article 21. 25 para. (1) inspectors of the competition, stating the legal basis, the purposes, terms, and the penalties laid down, as appropriate, in article 19. 53 lit. the a and b)), art. 54 paragraph 2. (1) (a). paragraphs 1 and 2). (2) and article 3. 59 paragraph 1. (1) (a). e) may request information and documentation which they are required: a) the undertakings and associations of undertakings;
  

b) authorities and institutions of Central and local public administration.
  

(2) in carrying out the procedure for preliminary examination, required for the exercise of its functions under article 4. 25 para. (1) (a). a) and g), inspectors, stating the legal basis, the purposes, terms, and the penalties provided for in article 10. 53 lit. c) or, where appropriate, in article 19. 54 paragraph 2. (1) (a). b), able to require undertakings and associations of undertakings, as well as to the authorities and institutions of the Central and local public administration any information and documents necessary.
  

(3) in carrying out duties as provided by law, the competition Council will be able to use, in accordance with the law, the information and documents collected by other authorities and public institutions in the conduct of their specific activities.
  

(4) for the purposes of applying the provisions of art. 101 and 102 of the Treaty on the functioning of the European Union, the documents and information referred to in paragraph 1. (1) and (2) may be requested by the competition Council, at the request of the European Commission and the competition authorities of the Member States of the European Union.
  

(5) competition, receiving Inspectors access to documents, data and information referred to in paragraph 1. (1), (2) and (4) are held to strict observance of State secret or secret service assigned to those legal documents, data and information.
  

(6) the information collected under the provisions of paragraph 1. (1) to (4), art. 36 and art. 38 can be used only for the purposes of competition law. The competition Council will be able to seize and other institutions or public authorities under conditions in which they are discovered aspects pertaining to their jurisdiction.
  

(7) according to the provisions of art. 12(3). (1) of Regulation (EC) No 1782/2003. 1/2003, for the purposes of art. 101 and 102 of the Treaty on the functioning of the European Union, the competition Council may share or to use as evidence of any fact or of law, including confidential information with the European Commission, as well as with any other competition authority of a Member State of the European Union in this respect empowered, in compliance with the legal provisions in force.
  

(8) the competition Council, in compliance with the legal provisions in force, can transmit information in accordance with paragraph 1. (7), provided that the competition authority receives: a) to use them only for the application of the competition provisions and for the purpose for which it was collected by the competition Council;
  

b) to protect the confidentiality of this information and to transmit this information to third parties only with the prior consent of the competition Council.
  


Article 35 (1) of the competition Are avertizori individuals who provide the competition Council, of their own initiative, information concerning possible violations of this law.
  

(2) the Council of competition protects the identity of the warning device.
  

(3) the provision of information in accordance with the provisions of this article shall not be deemed a breach of the obligation of confidentiality laid down in law No. 53/2003-labour code, republished, with subsequent amendments and additions, i.e. in the employment contract.
  


Article 36 In order to meet legal duties, the competition Council may take statements from any person or the legal representative of the legal person who consents to give such statements.


Article 37 (1) for the purpose of fulfilling lawful duties, inspectors from the competition, with the exception of debutants, may interview any natural or legal person who has consented to this.
  

(2) in order to achieve the interviews specified in paragraph 2. (1) the competition Council shall transmit a written request of the person or persons to be interviewed, stating the legal basis, purpose, place and date of carrying out the interview, and the penalties provided for in this law.
  

(3) the interview may be conducted by any means, including electronic means, will be recorded on electronic mediums and recorded in a report signed by all participants.
  


Article 38 (1) to investigate infringements of this law, inspectors from the competition are empowered with powers of inspection, with the exception of school inspectors, and have the following powers: (a) inspection) to enter the premises, land or means of transport of undertakings, associations of undertakings times they hold legal and/or operates;
  

b) to examine any documents, books, accounts and records related to commercial or other activity of the undertaking or associations of undertakings, regardless of where they are stored and the physical or electronic medium on which they are stored;
  

c) to ask any representative or member of staff of the undertaking or Association of undertakings for explanations on facts or documents relating to the object and purpose of the inspection and to record or record the answers;
  

d) to raise or get in any form copies of or extracts from any documents, books, accounts and commercial or other records relating to the activities of the undertaking or Association of undertakings;
  

e) to seal any enterprise location or intended activities of the Association and any documents, books, accounts and records related to commercial or other activity of the undertaking or Association of undertakings, the duration and the extent necessary for the inspection.
  

(2) Inspectors of the inspection powers competition will carry out the acts referred to in paragraph 1. (1) only if there is evidence that can be found or may be obtained from information deemed necessary for carrying out their duties, and the results of such tests shall be recorded in a report of findings and inventory.
  

(3) Inspectors of the inspection powers competition may make unannounced inspections and may request any kind of information or evidence relating to the discharge of the mission, both on the spot and at the headquarters of the Council calling for competition.
  


(4) competition Inspectors are empowered with powers of inspection by order of the President of the competition Council. A certified copy of this order and judicial authorisation shall be notified to the undertaking or Association of undertakings subject to inspection are disposed in compliance with paragraph 1. 2. If the communication cannot be physically legal representative or, failing that, any employee of the undertaking concerned, it may be carried out also by telefax, e-mail or other means that ensures the transmission of the text of the order and judicial authorisation, as well as its shipment confirmation. In this situation, communication and order the documents relating thereto shall be reckoned from the date satisfied and time inscribed on the printout the confirmation of dispatch. Assuming that no communication can be done through any of the ways set out above, the competition would act in inspectors to displaying the order of judicial inspection, the authorization and order trigger the investigation at the site intended for the inspection, and lists in this respect the minutes display will be indicated on the date and time display.
  

(5) the competition Council conducted inspections at the request of the European Commission or any other competition authority of a Member State under the provisions of art. 22 of Council Regulation (EC) No 1782/2003. 1/2003 and of art. 12 of the Council Regulation (EC) No 1782/2003. 139/2004, on the basis of the inspection order issued by the President of the competition Council. The competition Council may allow persons authorised by the competition authorities of the Member States to assist, cooperate or participate alongside the competition Council inspectors designated by order under paragraph 1. (4) the inspections carried out by the competition Council under the provisions of art. 22 of Council Regulation (EC) No 1782/2003. 1/2003.
  

(6) inspection Order will indicate the subject matter and purpose of the inspection, appoint the date on which you start and show the penalties provided for in article 10. 53 and 59, and the right to have the order of the Bucharest Court of appeal, administrative and fiscal Department, within 15 days of the notification as an exception to the law. 554/2004, as amended and supplemented. Judgment of the Court of appeal is subject to appeal, which shall be declared within five days of receipt. The courts will resolve the cause of the emergency and in particular.
  

(7) at the request of the competition Council, assuming that there may be an objection to the conduct of the inspection, the police are required to accompany and provide necessary assistance to the inspection teams, in the exercise of powers of inspection.
  

(8) communication between the undertaking or Association of undertakings and its attorney, investigated within and for the sole purpose of the exercise of the right of defence of the undertaking or Association of undertakings concerned after the commencement of this Act in the basis of the previous administrative procedure opening times, provided that these communications to have connection with the subject of the procedure, cannot be taken as proof of times used during procedures carried out by the competition Council.
  

(9) where the undertakings do not prove the character of a protected communication, for it to fall within the scope of paragraphs 1 and 2. (8) competition inspectors carrying out the inspection shall seal and will pick up the communication in question, in duplicate.
  

(10) the President of the Council shall decide, on the basis of urgency, evidence and arguments presented. The President of the competition Council shall decide to reject the protected nature of the communication, will invalidate the document can only take place after expiry of the period within which the decision may be challenged under the provisions of paragraph 1. (11) or, if the decision is contested, the Court after the judgment becomes final.
  

(11) the decision of the President of the competition Council regarding protected nature of the communication can be contested in the administrative court at the Bucharest Court of appeal within 15 days of the notification as an exception to the law. 554/2004, as amended and supplemented. Judgment of the Court of appeal is subject to appeal, which shall be declared within five days of receipt. The courts will resolve the cause of the emergency and in particular.
  

(12) the exercise of powers of inspection shall be made in accordance with the regulation on the Organization, functioning and procedure of the competition Council).
  

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) see the order of the President of the competition Council No. 101/2012 on the implementation of the regulation for the organisation, functioning and procedure of the competition Council, published in the Official Gazette of Romania, part I, no. 113 of 14 February 2012, with subsequent amendments and additions.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 39 on the basis of judicial authorization data by concluding, pursuant to article 5. 40, Superintendent of the competition can be made, inspections in the spaces referred to in art. 38, and any other facilities, including home, land or means of transport belonging to managers, administrators, directors and other employees of the operators or groups of operators subject to the investigation.


Article 40 (1) Inspectors may carry out competition inspections under the provisions of art. 39, just on the basis of an order issued by the President of the competition Council and the judicial process by closing the Bucharest Court of appeal or a judge delegated by him. A certified copy of the order and of the judicial authorization shall be notified to the person subject to mandatory inspection prior to starting it.
  

(2) the application for authorisation shall be judges in the Council, without summoning the parties. The judge shall decide on the request for authorization within a maximum of 48 hours from the date of registration of the application. The conclusion of the reasons and communicated to the Council not later than 48 hours after delivery.
  

(3) where the inspection should be carried out simultaneously in several spaces of the type referred to in article 1. 39, the competition Council will introduce a single application, the Court ruling out through a discharge that will indicate the spaces in which they are to be carried out the inspection.
  

(4) the request for approval must include all information of a nature to justify the judge referred to the inspection, and is held to verify that the application is well founded.
  

(5) whatever the circumstances, the inspection is conducted between 8.00 and 18.00 and must be carried out in the presence of the person carrying out the inspection or his representative. Inspection may continue after 18.00 only with the person carrying out the inspection or his representative.
  

(6) the system of Inventories and seals shall be made in accordance with the provisions of law No. 135/2010 regarding the criminal procedure code, with subsequent amendments and additions.
  

(7) the conclusion referred to in paragraph 1. (1) may be appealed with opposition to High Court of Cassation and justice shall, within 72 hours. For the competition Council, the term can be appealed the conclusion flowing from the moment of service thereof under the provisions of paragraph 1. (2) in respect of the person subject to inspection, the deadline can be contested the conclusion flowing from the moment of service thereof under the provisions of paragraph 1. (1) the appeal is not suspensive. execution.
  

(8) the President of the Bucharest Court of appeal or a judge delegated by him shall have jurisdiction to issue judicial authorization provided for in article. 21. (3) of Council Regulation (EC) No 1782/2003. 1/2003.
  


Article 41 (1) on receipt of a complaint in respect of an anticompetitive practice, the competition Council shall examine whether the grounds for this show a sufficient factual and legal order to justify the arrangement of a startup investigations.
  

(2) If the complaint does not present sufficient grounds to justify triggering an investigation, including by reference to the provisions of art. 33 para. (2) the competition Council rejects, giving the author's decision, in writing, with reasons, within 60 working days of the date on which he confirms that the complaint is complete and meets all the conditions set out under paragraphs 2 and 3. (4) the rejection of a complaint. is done by decision of the competition Council after he was granted the author complained of the opportunity to present their point of view against the reasons for which the competition authority intends to dismiss the complaint.
  

(3) the decision rejecting the complaint can be appealed at the Bucharest Court of appeal within 30 days of receipt.
  

(4) the competition Council will establish, by regulation, conditions under which the request was addressed must comply in order to be qualified as a complaint and the procedure applicable to the settlement thereof.
  

(5) where the complaint is not lodged within the scope of the present law, the competition Council will respond in writing within 30 days of registration of the complaint.
  


Article 42 (1) whenever the competition Council has triggering an investigation, in order to trigger the investigation is assigned to the case, the rapporteur on the proposal of the Director general. The rapporteur shall be responsible for drawing up the report on the investigation, his communication to the parties concerned, the receipt of the comments and submission of the report in the Council, where appropriate.
  

(2) the designated Rapporteur investigated all the investigative procedure, the Council will propose measures which are layout of its competence.
  


Article 43


(1) where, as a result of the commencement of an investigation, it is found that it has not led to the discovery of evidence relating to the violation of the law, to justify the imposition of measures or sanctions by the competition Council, the Council has, by order of the President, will close the investigation and shall inform the parties without delay.
  

(2) in the event that the investigation was triggered as a result of a complaint and it is found that it has not led to the discovery of evidence relating to the violation of the law, to justify the imposition of measures or sanctions by the competition Council, the closure of the investigation will be done by decision of the competition Council.
  


Article 44 (1) except as provided for in art. 43 para. (1) in any proceedings for the investigation, the Board shall give the undertakings participating in the Competition, the decision taken by associations of undertakings, concerted practices, abuse of dominant position or to the economic concentration, forming the object of the investigation, the opportunity to express their observations in writing concerning the contents of the report. In written comments, the parties concerned may request the Organization of hearings by the competition Council. When you consider that it is useful for establishing the truth in the case investigated, the competition Council may hold hearings and in the absence of a request from the parties concerned. The date by which submissions should be sent, i.e. the date of the hearing, if necessary, be fixed by the competition Council.
  

(2) the President of the competition Council may appoint experts and may permit the hearing of the complaint's author, at his request, and any natural or legal person who declares that it holds the relevant data and information to establish the truth in the case investigated.
  

(3) failure or waiver of hearing, as well as the refusal of any depositions or statements do not constitute obstacles for the continuation of the investigation procedure.
  


Article 45 (1) a copy of the report will be transmitted towards the knowingly making parties which are the subject of the investigation, giving them a period of at least 30 days in which to submit its observations. Persons whose hearing was admitted under the provisions of art. 44 para. (2) shall send a copy of the report upon request and if the competition Council considers that it is appropriate in the interest of the investigation.
  

(2) the President of the competition Council will allow the parties involved consultation dossier and obtaining electronic copies and/or excerpts of the investigative procedure.
  

(3) the right of access to the file shall not extend to business secrets, other confidential information and internal documents nor the Council, the European Commission or of the competition authorities of the Member States of the European Union. The right of access to the file shall not extend to their correspondence between the competition Council and the European Commission or the competition authorities of the Member States or between the latter when correspondence is included in the competition Council.
  

(4) documents, data and information confidential in the case are accessible for consultation times for children and/or extracted only by order of the President of the competition Council, which can be attacked only with the decision ends the investigation, by the same claim in court.
  

(5) any provision in this law does not prohibit competition Council to disclose and use the information necessary to prove an infringement of articles 81 and 82. 5 and 6 of this law, as well as art. 101 and 102 of the Treaty on the functioning of the European Union.
  

(6) In the case of an investigative procedure aimed at an economic concentration, the provisions of this article relating to the consultation dossier are applicable to members and senior executives of the participating entities the ai focus, to the extent that they justify a legitimate interest in the question.
  

(7) documents, data and confidential information from the competition Council may be required, as a rule, once, after submission of the report of investigation in accordance with paragraph 1. 1. In the absence of new elements may not be formulated by successive requests for access to documents, data and information confidential.
  


Article 46 (1) of the competition Council, in the case of investigations triggered art.7. 33, may decide, where appropriate: (a) to order the cessation) anti-competitive practices observed;
  

b) to order interim measures;
  

c) to accept commitments;
  

d) to implement the undertakings or associations of undertakings fines under the conditions laid down in chapter II. Vi;
  

(e) to formulate recommendations), to impose on the parties conditions or other obligations. Where the competition Council shall decide according to the provisions of subparagraph (a). a), may impose any behavioural or structural remedies which are proportionate to the infringement committed and necessary for the effective cessation of the infringement. Structural remedies will be imposed when there is a behavioural remedy as effective or when a behavioural remedy equally effective remedy would be more burdensome for the undertaking concerned than the structural remedy measure.
  

(2) the competition Council may decide that there is no reason to intervene, when, on the basis of the information available, the conditions for an agreement, decision or concerted practice to be banned are not met.
  

(3) the competition Council, in fulfilling their abolition. 25 para. (1) (a). e), may decide to withdraw the block exemption for agreements, decisions by associations of undertakings or concerted practices to which they apply the provisions of one of the European regulations exempting categories, when in a specific question such agreements, decisions or concerted practices produce effects incompatible with article 4. 101 paragraphs 1 and 2. (3) of the Treaty on the functioning of the European Union on Romanian territory or in a part thereof, which presents all the characteristics of a distinct geographic market.
  


Article 47 (1) within 30 days of receipt of the notification of a concentration, the competition Council will respond in writing, by an address, where you will come to the conclusion that economic concentration operation does not fall under incidence of this law.
  

(2) within 45 days of receipt of the notification of a concentration, the competition Council will issue a decision on the objection when it finds that although economic concentration notified operation falls within the scope of this law: a) there are no serious doubts as to the compatibility with a normal competitive environment; or b) serious doubt as to the compatibility with a normal competitive environment have been removed by the commitments proposed by the parties and accepted by the competition Council. The competition authority may lay down by decision conditions and obligations such as to ensure that the parties concerned comply with the commitments they have undertaken in order to achieve compatibility of the concentration with a normal competitive environment.
  

(3) within 45 days of receipt of the notification of a concentration, the competition Council will decide on the initiation of an investigation, if it finds that the operation notified economic concentration falls within the scope of the present law, presents serious doubts as to the compatibility with a normal competitive environment and they could not be removed under the provisions of paragraph 1. (2) (a). b). (4) not later than 5 months after receiving notification of an economic concentration operations for which the competition Council has decided to open an investigation because of serious doubts concerning its compatibility with a normal competitive environment, the competition Council: a) shall issue a decision declaring that the concentration will economic operation incompatible with the normal competitive environment, whereas significantly hinders effective competition on the Romanian market or in a substantial part of it in particular as a result of the creation or strengthening of a dominant position, in compliance with art. 11;
  

b) will issue an authorisation decision, if the concentration does not give rise to significant economic obstacles in the way of effective competition on the Romanian market or in a substantial part of it, in particular as a result of the creation or strengthening of a dominant position, in compliance with art. 11;
  

c) will issue a conditional authorisation decision, through which establishes the obligations and/or conditions intended to ensure that the parties concerned comply with the commitments they have undertaken in order to achieve compatibility of the concentration with a normal competitive environment.
  

(5) where the competition Council did not take a decision within the time limits specified in paragraph 2. (2) to (4), the operation of notified economic concentration can occur.
  

(6) where the notification of a concentration of economic operations require additions, the time limits referred to in paragraph 1. (1) to (4) begin to run from the date on which the parties have provided all information required of the competition Council in the completion notification.
  

(7) the competition Council will establish, by regulation, the categories of mergers that may benefit from simplified analysis procedure.
  


(8) in the case of investigations and decisions adopted under the provisions of art. 25 para. (1) (a). the a and b)), regarding a possible breach of art. 13, when the operation of economic concentration has been notified, not investigated the competition Council will review and decide, in this context, and with regard to the compatibility of the operation with a normal competitive environment.
  

(9) where an operation to take over control of some enterprises or assets presents a risk to the safety of the national Government, upon the proposal of the Supreme Council of national defence, will issue a ruling whereby it is forbidden, while respecting the competence of the European Commission in this field. The competition Council will inform the Supreme Council of national defence in relation to the economic concentration operations that shall be notified thereof, may be analysed from the point of view of national security.
  

(10) in the event that the Supreme Council of national defence shall notify the Council that the operation notified economic concentration is likely to present a risk to national safety, the time limits referred to in paragraph 1. (1) to (4) shall be suspended from the date of such communication. Suspension of time limits, where appropriate, shall terminate on the date of the communication by the competition Council of the decision of the Supreme Council of national defence for the purposes of the prohibition of the operation in question, namely the notification that the operation does not pose a risk to safety.
  

(11) the authorities and State structures with competences in the field of national security may require the Council any information and documents necessary for application of paragraph 1. 9. The provisions of article. 34 para. (1), art. of article 53, respectively. 54 shall apply accordingly.
  

(12) where the Supreme Council of national defence, in exercising the functions conferred on it, shall issue a decision within the meaning of the prohibition of operation considered suitable paragraphs. (9) proceedings before the competition Council shall cease. Within 15 days of notification of this decision, the Council will inform the notifying Competition part, through an address.
  


Article 48 (1) where the competition Council ascertains that a concentration has already been implemented and that concentration has been declared incompatible with the normal competitive environment, it may, by decision,: a) require the undertakings concerned to dissolve the entity resulting from the concentration, in particular through the dissolution of the merger or the disposal of all the shares or assets acquired, so as to restore the situation prior to the implementation of the concentration. In cases where, by dissolving the entity resulting from its concentration, it is not possible to restore the situation existing prior to the implementation of the concentration, the competition Council may take any other appropriate measure to restore, to the extent possible, the previous situation;
  

b) order any other appropriate measure to ensure that the undertakings concerned dissolve the concentration or take other restorative measures the situation referred to in its decision.
  

(2) the competition Council may act according to paragraphs 1 and 2. (1) (a). the a and b)) and when it finds that a concentration has been implemented in contravention of a condition imposed by a decision taken under article 16. 47 para. (4) (a). c). Article 49 (1) for the duration of the investigation procedure regarding the possible anti-competitive practices of committing, the undertakings to which the investigation has been triggered can make proposals, in order of elimination of the situation that led to the investigation.
  

(2) where the competition Council intends to accept commitments proposed by the parties, will publish a summary of the case and the content of the proposed commitments, over which third parties interested may submit observations within the time limit set by the competition authority.
  

(3) by decision the competition Council confer obligatory force commitments proposed by the undertakings, in so far as they are insufficient for the protection of competition and if you have them lead to elimination of the situation giving rise to the onset of the investigation. Decision of the competition Council may be established over a certain period and can be concluded without hearing the parties, that there are no longer grounds for action by the competition authority.
  

(4) where the competition Council ascertains that the commitments do not satisfy the conditions laid down in paragraph 1. (3), it shall notify, in writing, of the reasons for which commitments were not accepted and will proceed with the investigation.
  

(5) in the case of the closure of the investigation according to the provisions of paragraph 1. (3) the competition Council may, upon request or on its own initiative, reopen the investigation procedure when: a an essential change) relating to any of the facts on which the decision was based;
  

b) enterprises acting contrary to commitments;
  

c) decision was based on incomplete information, inaccurate or misleading information provided by the parties.
  

(6) enterprises may make proposals for undertakings and in the event of economic concentration operations in the order is actually a normal competitive environment, according to the provisions of art. 47. the provisions of paragraphs 1 and 2. (2) and (4) shall apply accordingly.
  

(7) the Council shall establish, through the Competition instructions, conditions, criteria, terms and procedure for the acceptance and evaluation of commitments proposed by the parties.
  


Article 50 (1) of the competition Council may impose any interim measure which it considers necessary before issuing a decision under art. 46 in case of emergency due to the risk of serious injury and irreparable brought competition, where he finds at a premium valuation, existence of anticompetitive acts expressly prohibited by the nature of the law and which must be removed without delay.
  

(2) before making an interim measures, the parties concerned may submit in writing their own point of view. At the express request of the parties concerned, the competition Council will proceed to hearing their arguments.
  

(3) a decision adopted according to the provisions of paragraph 1. (1) apply for a period, which may be renewed by the competition Council in so far as is necessary and appropriate.
  

(4) the competition Council may impose interim measures appropriate to restore or maintain conditions of effective competition and where economic concentration: a) has been implemented in breach of the provisions of article 7. 13(2). (6) and (8) and has not yet taken a decision on the compatibility of the concentration with a normal competitive environment;
  

b) concentration of been implemented in breach of a condition or obligation imposed by a decision taken under article 16. 47 para. (2) (a). b) and para. (4) (a). c);
  

c) concentration of already implemented and was issued a decision whereby the operation of economic concentration has been declared incompatible with the normal competitive environment, according to the provisions of art. 47 para. (4) (a). a). (5) the Council shall establish, through the Competition instructions, conditions, terms and procedure for the adoption of interim measures.
  


Article 51 (1) decisions taken by the competition Council in the application of the provisions of article 7. 8, 13, 25, para. (5) (a). c), art. 46 and 47 will be motivated and notified to the parties within a period of not more than 120 days of deliberation. The Council's decisions can be challenged in the administrative court at the Bucharest Court of appeal within 30 days of receipt.
  

(2) the Court may order, upon request, suspension of execution of the decision appealed against. In the case of fines, the suspension will become available only under condition of payment of a security in accordance with the provisions of law No. 207/2015 concerning the fiscal procedure code, as amended and supplemented, as regards budgetary claims.
  

(3) order concerning an investigation, triggering prescribed by law, it can only engage with decision completes the investigation.
  


Chapter VI Penalties Article 52 are null and void any agreements or decisions prohibited by article 3. 5 and 6 of this law, as well as through art. 101 and 102 of the Treaty on the functioning of the European Union, i.e. any commitments, conventions times contractual clauses referring to an anticompetitive practice, as well as any acts which violate the provisions of art. 8 of this law.


Article 53 shall constitute offences and sanctions with the fine 0.1% to 1% of the total turnover in the year preceding financial sanction the following facts, committed intentionally or negligently enterprises times associations of undertakings: a) the provision of information that is inaccurate, incomplete or misleading information in an application, an acknowledgement, notification or supplement thereto, pursuant to the provisions of art. 13;
  

b) providing information is incomplete or inaccurate, misleading or incomplete documents times not providing requested information and documents under the provisions of art. 34 para. (1) (a). a);
  

c) providing information inaccurate or misleading information in response to a request made under the provisions of art. 34 para. (2) or in connection with proceedings pursuant to article 6. 37;
  

d) providing information, documents, records, and records in incomplete form during inspections conducted under the provisions of art. 38;
  

e) refusal to submit to an inspection carried out under the provisions of art. 38. Article 54


(1) Constitute contraventions and is sanctioned with a fine from 1,000 to 20,000 lei lei facts authorities and institutions of Central and local public administration consisting of a) providing intentionally or negligently inaccurate, incomplete information or misleading or incomplete documents times not providing requested information and documents under the provisions of art. 34 para. (1) (a). b);
  

b) providing intentionally or negligently inaccurate information or misleading information in response to a request made under the provisions of art. 34 para. (2). (2) where, intentionally or negligently, not providing the requested information persists after the time limit set by the competition Council, it will be able to apply to the driver of the institution of central public administration authority times or local cominatorie a fine up to 5,000 lei for each day of delay.
  


Article 55 (1) shall constitute offences and sanctions with fines from 0.5% to 10% of the total turnover in the preceding financial year sanction the following facts, committed intentionally or negligently by undertakings or associations of undertakings: a) violation of article 10. 5 and 6 of this Act, and the provisions of article 7. 101 and 102 of the Treaty on the functioning of the European Union;
  

b) nenotificarea a mergers under the provisions of art. 13(2). (1) and (2), prior to its implementation, except where the provisions of article 362 are incidental. 13(2). (7) or has been granted a derogation under article. 13(2). (8);
  

c) achievement of economic concentration operations in violation of the provisions of article 7. 13(2). (6) to (8);
  

d) implementation of an economic concentration declared incompatible by decision of the Council under the provisions of art. 47 para. (4) (a). a);
  

e-fulfilment of an obligation), or of a measure imposed by a decision taken under the provisions of this law.
  

(2) If the infringement by an Association of undertakings relates to the activities of its members, the fine shall not exceed 10% of the total business figures of each Member active on the market affected by the infringement of the Association.
  

(3) in respect of that offence mentioned in paragraph 1. (1) (a). a), consisting in violation of art. 5 of this law, as well as the provisions of article 7. 101 of the Treaty on the functioning of the European Union, the competition Council will be established, through the instructions, conditions and criteria for the application of a policy of clemency, which can go up to pecuniary liability graduation.
  


Article 56 (1) Notwithstanding the provisions of article 4. and article 53. 55 paragraph 1. (1) where, in the previous financial year, no sanction has experienced high turnover or this cannot be determined, will be taken into account in the financial year in respect of which the undertaking or Association of undertakings, the turnover recorded a year immediately prior to the reference year for the calculation of turnover for the purposes of the penalty. Assuming that the previous year the reference year for the calculation of turnover for the purpose of undertaking does not sanction the achieved turnover, will be taken into account, the last digit of the business enterprise.
  

(2) Notwithstanding the provisions of article 4. and article 53. 55 paragraph 1. (1) of this Act and of article 23. 8 of Ordinance No. 2/2001 on the legal regime of contraventions, approved with amendments and completions by law No. 180/2002, as amended and supplemented, in the case of the undertaking or Association of undertakings, the newly established, which hasn't recorded turnover in the previous year to sanction, it will be sanctioned with: a) fine from 10,000 lei lei to 1,000,000 in the case of offences referred to in articles. 53;
  

b) fine from 15,000 2,500,000 lei lei, in the case of offences referred to in articles. 55 paragraph 1. 1. Article 57 (1) Individualization of sanctions referred to in article 1. 53, 54, 55 and 56 shall be made taking into account the gravity and duration of the scene. By instructions adopted by the competition Council shall be established and the other elements depending on who is doing the individualisation of sanctions, as well as their graduation on installment.
  

(2) in the case of offences referred to in articles. 55 paragraph 1. (1) where the undertaking expressly admits, before hearings, committing anti-competitive acts and, where appropriate, proposing remedies which lead to the removal of the causes of the breach, the competition Council may apply a reduction of the fine by a percentage between 10% and 30% of the baseline level determined by instructions adopted under the provisions of paragraph 1. (1) in the case of granting the reduction for the recognition scene, the level of the fine will be reduced including when it is set to the minimum required by law, without the fine applied to less than 0.2% of the turnover in the preceding financial year sanction.
  

(3) reduction of the amount of the fine on the basis of paragraph 1. (2) is only possible on the basis of an explicit request made by the undertaking concerned. The request will contain clear and unequivocal recognition of liability for infringement, as well as a statement of the maximum amount of the fine that the company is willing to pay. The decision of the competition Council shall mention the amount of the fine determined previous to the application of paragraph 1. (2) and the amount of the fine, resulting from the reduction granted for recognition. In the event that the competition Council did not accept the terms of the request addressed to the enterprise, will be granted a reduction of the fine and the acknowledgment made will not be used as evidence.
  

(4) where, before the communication of the report of investigation, transmit a proposal for the formulation of a recognition under the terms of paragraph 1. (3) the competition Council will be able to apply a simplified procedure in accordance with the instructions laid down by the authority.
  

(5) the exercise by the organisation of the action in annulment of the decision of the competition Council, in matters that are the subject of recognition, the loss of the benefit referred to in paragraph 1. (2) with respect to the reduction of the amount of the fine. At the request of the Council, the Court will settle the action by removing the benefit of reducing the cancellation allowed for recognition and will set the fine accordingly.
  

(6) in cases involving parties who benefit from leniency policy, but are not cleared of pecuniary liability, reduce the amount of a fine as a result of recognition will be decided following the procedure applied in reduction of clemency, which summed to exceed 60% of the level determined in accordance with the instructions concerning the individualisation of sanctions.
  

(7) the competition Council determined by specific instructions on the procedure for granting favourable treatment to undertakings which admit committing a anti-competitive.
  


Article 58 if, within 45 days of the notification of the decision taken by the competition Council, according to the provisions of this Act, the undertaking concerned fails to comply with the measures ordered, the competition Council may apply the maximum fine provided for in art. 55 and 56.


Article 59 (1) of the competition Council may by decision require the undertakings or associations of undertakings to pay fines amounting to cominatorii, up to 5% of the average daily turnover since the previous financial sanction for each day of delay, calculated from the date appointed by the decision, in order to determine: (a) terminate an infringement) to the provisions of art. 5 and 6 of this Act, and the provisions of article 7. 101 and 102 of the Treaty on the functioning of the European Union and to respect the measures ordered by decision of the infringement;
  

b) to comply with a decision ordering interim measures under article 4. 50;
  

c) comply with a commitment made mandatory by a decision taken under article 16. 49 para. (3);
  

d) complies with the conditions and/or obligations imposed by a decision taken under article 16. 47 para. (2) (a). b) and para. (4) (a). c);
  

e) furnish fully and correctly the information and documents that have been requested under the provisions of art. 34 para. (1) (a). a);
  

f) to undergo the inspection provided for in article 10. 38. (2) Notwithstanding the provisions of paragraph 1. (1): a) if the turnover in the preceding financial year sanction cannot be determined, will be taken into account, the average daily turnover in respect of the financial year in which the undertaking or Association of undertakings, the turnover recorded a year immediately prior to the reference year for the calculation of turnover for the purposes of the penalty;
  

b) in the case of the undertaking or Association of undertakings, the newly established, which hasn't recorded turnover in the previous year to sanction, it will be sanctioned with a fine of from 500 to 10,000 lei lei, in the case of paragraph 2. (1) (a). a)-d), with fine of 300 lei at 7,000 Ron, in the case of paragraph 2. (1) (a). e) and (f)).
  


Article 60 (1) Offences provided for in this law is established and shall be imposed by the competition Council in the plenary, committees or by inspectors.
  

(2) the penalties for offences under article 4. 53 lit. d) and (e)), shall apply to the inspectors.
  


(3) the penalties for offences under article 4. 53 lit. the-c)), art. and article 54. 55 paragraph 1. (1) (a). d) and (e)), and the fines referred to in article cominatorii. 59 shall apply to the committees of the Council, by the same decision is found committing the contravention or incidence of art. 59 paragraph 1. (1) and (4) Notwithstanding the provisions of paragraph 1. (3), finding and sanctioning offences prescribed herein shall be made by the plenum of the competition Council by decision, at the reasoned request of at least one member of the Commission, in cases with a high degree of complexity.
  

(5) the penalties for offences under article 4. 55 paragraph 1. (1) (a). the-c)) is applied by the plenum of the Council or the Commission, where appropriate, by the same decision has been found committing the offence to that.
  

(6) decisions under the conditions of paragraph 1. (3) to (5) may be appealed to the Bucharest Court of appeal, the Administrative Department shall, within 30 days of receipt.
  


Article 61 (1) Offences under article 4. 53 lit. d) and (e) apply the provisions) Ordinance No. 2/2001, approved with amendments and completions by law No. 180/2002, as amended and supplemented, except art. 5, 8, 28, 29, 32 and 34 from the Government Ordinance. 2/2001, approved with amendments and completions by law No. 180/2002, as amended and supplemented.
  

(2) the minutes through applicable penalties under the provisions of art. 60 para. (2) and Government Emergency Ordinance nr. 77/2014, approved with amendments and completions by law No. 20/2015, with subsequent amendments, may be appealed to the District Court sector 1 Bucharest, within 15 days of receipt. Judgment of the Court of appeal may attack at the Bucharest Court-Administrative Department within 15 days of the notice.
  


Article 62 (1) Decisions issued by the competition Council in the application of this law shall be communicated to the parties concerned by the competition Council and will be published in the Official Gazette of Romania, part I, at the expense of the offender or of the applicant, as appropriate, or on the website of the competition Council.
  

(2) the publication of decisions will take into account the legitimate interests of the undertakings concerned, so business secrecy may not be disclosed.
  


Article 63 (1) of the competition Council to apply sanctions for breaching the provisions of the present law shall prescribe as follows: a) within 3 years in the case of one of the offences mentioned in article 1. 53 and 54;
  

b) within five years, if all other offences provided for in this law.
  

(2) Limitation of the right of the competition Council to apply sanctions begin to run from the date of the infringement. In the case of infringements which have the character of continuity or repeatability, prescription begins to run after the expiry date of the last act or fact anti-competitive behaviour in question.
  


Article 64 (1) any action taken by the competition Council for purposes of a preliminary examination or for the purpose of investigating a breach of the law of limitations interrupts the course time limits laid down in article 21. 63. The interruption of prescription effect of notification of action taken by the competition Council, made by at least one economic operator or an Association of operators who participated in committing the infringement.
  

(2) Actions that can be taken by the competition Council and which interrupt the limitation period include mainly the following: a) requests for information in writing;
  

b) order of President of the competition Council to trigger an investigation;
  

c) conducting inspections;
  

d) investigative report communication.
  

(3) the interruption of the limitation period its effect with respect to all economic operators or groups of operators who participated in committing the infringement.
  

(4) in the case of interruption of the limitation period, a new period, with a similar duration shall start on the date the competition Council has taken one of the actions referred to in paragraph 1. 2. The limitation period shall expire at the latest on the day on which it turns is equal to twice the period of limitation applicable for committing the infringement in question, the competition Council has not imposed any of the penalties provided for by the present law.
  

(5) the limitation period for the enforcement of sanctions shall be suspended for the duration of the decision of the competition Council is on the role of the courts.
  


Article 65 (1) any person who is engaged in the Deed Office of administrator, legal representative, or who otherwise exercises leadership positions in an enterprise to conceive or organize, with intent, any of the practices prohibited under the provisions of art. 5 para. (1) and which are not exempted under the provisions of art. 5 para. (2) constitutes infringement and is punishable by imprisonment from 6 months to 5 years or with a fine and prohibition of certain rights.
  

(2) No person shall be punished, most before they have begun criminal proceedings, the criminal investigation bodies and denounces its participation in committing the offence referred to in paragraph 1. (1), thus allowing the identification and prosecution of other participants.
  

(3) a person who has committed the offence provided for in paragraph 1. (1) during the criminal investigation, and facilitates the identification and denounces the criminal liability to other people who committed this crime are benefiting from the reduction by half of the limits of the punishment prescribed by law.
  

(4) the Court or the judgment has the definitive display of conviction.
  


Article 66 (1) independently of the penalties imposed under the provisions of this law, the right of action of natural persons and/or legal entities for full compensation of the caused damage through practice their anticompetitive prohibită under the provisions of this law or of art. 102 101 and/or of the Treaty on the functioning of the European Union remains reserved.
  

(2) where a good or service is purchased at a price, it cannot be considered that there were no injury has occurred due to the fact that the good or service was resold.
  

(3) the enterprise benefiting from immunity from fines is not responsible for any damage caused through joint participation in anticompetitive practice art. 5 of this law, as well as at art. 101 of the Treaty on the functioning of the European Union, practice sanctioned by the competition authority.
  

(4) when there is a decision of the competition Council that sanctioned a practice anticompetitive in the settlement relating to indemnification, the courts will be able to request the Council of competition documents within the dossier which led to the issuance of the decision. To this end, receiving these documents, the courts will ensure that confidentiality of information constituting business secrets, as well as other information qualified as confidential.
  

(5) natural or legal persons who consider themselves harmed by a practice prohibited by this law anticompetitive can formulate request for compensation within two years from the date on which the decision of the competition Council, which is based in the alternative action, final times was maintained, in whole or in part, by a final court judgment.
  

(6) Legal Action will be instituted for consumers and consumer associations legally registered, as well as by professional associations for their members or employers affected by an anticompetitive practice, based on their duties and responsibilities in this regard, as appropriate.
  

(7) the competition Council may submit observations to national courts with regard to the aspects concerning the application of the provisions of article 7. 5 and 6 of this Act, and the provisions of article 7. 101 and 102 of the Treaty on the functioning of the European Union, under the conditions laid down in law No. 134/2010 code of civil procedure, republished, with subsequent amendments.
  

(8) In any case in which national courts apply directly the provisions of art. 101 and 102 of the Treaty on the functioning of the European Union, following the communication of the judgment to the parties likely to pursue an appeal, they will immediately transmit a copy of the judgment to the European Commission, through the Council.
  


Chapter VII common and final Provisions Article 67 (1) of the turnover referred to in art. 12 is the amount of revenue from sales of goods and/or provision of services made by the undertaking during the last fiscal year, minus the amounts owed by way of tax obligations and the value of exports accounted for directly or through an agent, including intra-Community supplies.
  

(2) When an operation of economic concentration occurs in the manner laid down in article 21. 9 para. (1) (a). (b)), through the purchase of assets, turnover determined according to paragraph 1. (1) will be taken into account only the amount of the assets constituting the object of the transaction.
  

(3) If, during a period of 2 years, two or more transactions of the kind referred to in paragraph 1. (2) take place between the same individuals and/or legal entities, they are regarded as a single operation of economic concentration arising on the date of the last transaction.
  


Article 68


Business figures referred to in this law shall be replaced by: a) for credit institutions and other financial institutions, the sum of incomes, defined by instructions adopted by the competition Council, after deduction of taxes and duties directly related to them;
  

b) for insurance undertakings, the value of gross premiums received or receivable, according to insurance contracts entered into by or on behalf of the insurance undertakings, including also outgoing reinsurance premiums, and after deduction of taxes levies on the amounts of individual premiums or the total volume of them, identified by the competition Council through the instructions.
  


Article 69 in order to implement the provisions of art. 12, but without prejudice to the provisions of article 3. 67 para. (2) and (3), if any of the undertakings referred to in the application. 12 is part of a group of undertakings, for its turnover will take into account the cumulative turnover of the group according to the consolidated annual financial statements.


Article 70 (1) a person who has exercised a function of public dignitaries or public office specialist within the competition Council, which wants to exercise a professional activity in the private sector, whether gainful or not, within three years from the date of termination or of service shall notify the competition Council accordingly, requesting in advance the favourable opinion of the competition authority. Where the work to be carried out in the private sector is related to the economic activity pursued in the Council relating to the Competition by the person concerned during the past three years the pursuit of function and may be incompatible with the legitimate interests of the authority, the competition Council may, taking into account the interests of the institution, whether to issue a negative opinion against the request addressed to the either to adopt a favourable opinion to the obligation of compliance with the pursuit of the business of any conditions that it considers appropriate.
  

(2) the notice referred to in paragraph 1. (1) shall be made within 10 working days from the date of receipt of the notification, the Commission, after consultation of the joint case competition inspectors, namely Advisory Council College competition in the case of persons having had membership of the Council. At the end of this period, the absence of an opinion shall be deemed to constitute a tacit favourable opinion.
  

(3) where a person who has exercised a function of public dignitaries or public office does not require specialist opinion or does not comply with the opinion of the competition Council, the authority may apply to the Department of administrative and fiscal court Bucharest, asking, where appropriate, the following: (a) order the person concerned) compliance opinion;
  

b) cessation activities that are incompatible with the legitimate interest of the competition authority;
  

c) order the person concerned to pay compensation for damage caused by failure or failure to comply with the opinion.
  

(4) upon the termination of the mandate, of service, a person who has exercised a function of public dignitaries or public office specialist within the competition Council has the obligation to give a statement stating that he is aware of the provisions of this article and undertakes to observe.
  

(5) the demand Pattern of the opinion, the conditions of grant, and the statement referred to in paragraph 1. (4) shall be determined by instructions of the competition Council.
  


Article 71 (1) Health Condition corresponding to a specific public offices of inspector of the competition-based specialist medical examination and psychological testing, which is carried out in specialized units, at the request of the competition Council. Can participate in the contest the candidate accepted in terms of psychological and medical assistance.
  

(2) employees of the Council are required to be present at the annual medical examination and psychological testing, conducted in specialized units, at the request of the institution, in order to certify the health specific corresponding duties.
  

Note we reproduce below the provisions of art. The Government Emergency Ordinance nr. 31/2015, as well as the provisions of art. II of law No. 347/2015, which are not incorporated in the form of law No. republished 21/1996 and which still applies, the provisions of the acts as modifier: "Art. II.-as of the date of entry into force of this emergency Ordinance *), investigations triggered by article 2. 5 para. (1) (a). f) and (g)) of the law on competition no. 21/1996, republished, with subsequent amendments and additions shall be deemed to be triggered on the basis of General provisions of art. 5 para. (1) and under article triggered investigations. 6 paragraph 1. (1) (a). e) and (f)) of the same normative act is deemed to be triggered on the basis of General provisions of art. 6 paragraph 1. (1).";

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) Government Emergency Ordinance nr. 31/2015 has been published in the Official Gazette of Romania, part I, no. 474 of 30 June 2015.

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"Art. II.-the competition Council regulations and instructions necessary for the implementation of the law on competition no. 21/1996, republished, with subsequent amendments and additions, as amended and supplemented by this law will be issued within 45 days of the date of entry into force of this law. " * Note) ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) Law No. 347/2010 was published in the Official Gazette of Romania, part I, no. 973 29 December 2015.

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