Competition Law Republished
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10 April 2014
Competition Law no. 21 dated 10 April 1996 (the “Competition Law”) was recently republished.
Integration of the most recent Competition Law amendments resulting from the new criminal law legislation
The new regulations on both the Criminal Code and the Criminal Procedural Code, which entered into force on 1 February 2014, entailed a number of changes in terms of the Competition Law. These changes were made by means of the following acts: (i) Law no. 255/2013 for the implementation of Law no. 135/2010 on the Criminal Procedure Code and for the amendment and supplementation of certain legislative acts which comprise criminal procedure provisions; (ii) Law no. 187/2012 for the implementation of Law no. 286/2009 on the Criminal Code.
The main amendments as of 1 February 2014
Here are a few examples of legal provisions introduced and fully integrated into the Competition Law:
- Competition inspectors are now under the obligation to display a judicial authorisation issued by means of a court order when conducting inspections (not only in facilities owned by the investigated entities, but also in any other areas, including the home, land or means of transportation of the investigated entities or their representatives).
- Entities under investigation have the possibility to challenge the court order granting the judicial authorisation before the Supreme Court, within 48 hours from the date of its communication.
- Certain mandatory conditions must be met in order to acquire the capacity of member of the Competition Council, namely not to be declared incapable by law and not to have been convicted of crimes against property by breach of trust, crimes of corruption, embezzlement, document forgery or tax evasion offences under Law no. 656/2002 on preventing and sanctioning money laundering and the establishment of measures to prevent and combat terrorist financing, or other intentional crimes for which the law provides for a prison sentence of three years or more.
- The deeds of any person acting in the capacity of trustee, legal representative or otherwise exercising leadership positions in a company or organisation to commit intentionally any of the practices prohibited under art. 5 para. (1) of the Competition Law are sanctioned as a crime.
[Source: Romanian Official Gazette no. 240 of 3 April 2014]
As a result of these various amendments, in the interests of a better understanding of and providing clarity in the legal texts, but also for a uniform interpretation thereof, it was decided to republish and renumber the articles of the Competition Law.
For a deeper discussion of how this new legislation might affect your business, please contact: