Building Landmarks, Smoothing Out Markets: An Enhanced Competition Framework in Romania by Arabela Aprahamian Georgiana Pop

Author:Arabela Aprahamian, Georgiana Pop
Language: eng
Format: epub
Publisher: The World Bank

Notes

1. Deliverable 1.1.3: Recommendations to strengthen the Romanian Competition Law, February 2014.

2. Competition Law no. 21/1996, and subsequent amendments.

3. Deliverable 1.1.2: Analysis and Review of the State Aid Legal and Regulatory Framework, April 2013.

4. Romanian Competition Council: http://www.stateaid.ro/?pag=139&limba=en#ajutordestat.

5. http://www.ajutordestat.ro/?pag=139&limba=ro#ajutordestat.

6. The national procedures in the field of state aid, as developed by the Emergency Ordinance Decree no.117/2006 (the “Emergency Ordinance” or “Ordinance”), in conjunction with the Regulation on the procedures to monitor State aid (the “Monitoring Regulation”), establish a series of rules which is sufficient to ensure that Romania complies with its main responsibilities in State aid matters.

7. http://ec.europa.eu/competition/state_aid/modernisation/index_en.html

8. See endnote 1 in executive summary.

9. See endnote 1 in executive summary.

10. The Romanian law against unfair competition has no complete codification of the relevant aspects of unfair competition. There are different Sources: Law No. 11 of January 29, 1991, on the repression of unfair competition amended in 2003; Law No. 504/2002–Audiovisual Law; Law No. 148/2000 on advertising; Law No. 158/2008 on misleading advertising and comparative advertising, implementing Directive 2006/114/EC; and Law No. 363/2007 on combating improper practices of traders in their relations with consumers, implementing the Directive 2005/29/EC concerning unfair business-to-consumer commercial practices.

11. Deliverable 1.1.1: Report on Recommendations to Amend the Unfair Competition law, January 2013.

12. Examples include allocation of competences, alternative dispute settlements, and the RCC’s use of sensitive information.

13. Core RAS recommendations included the need to establish first a “de minimis test,” that is, infringement only occurs if the action proves relevant to achieving the law’s objectives; and second, an “opportunity test,” that is, public interest or the market structure should be affected, be verified in order to trigger the competence of the RCC.

14. Another core RAS recommendation included the need to establish first, a “de minimis test,” that is, infringement only occurs if the action proves relevant to achieving the objectives of the law.

15. Implemented by the Order no. 561 of November 24, 2014, published in Official Gazette No. 918 dated December 17, 2014.

16. Deliverable 1.1.4, 1.3.9. a and b: Review of the legal and regulatory framework governing market competition of the railways legislation package, June 2014.

17. The National Railway (Infrastructure) Company (CFR SA), the National Railway (Passenger) Company (CFR Călători), and the National Railway (Freight) Company (CFR Marfă).

18. The Recast Directive, which consolidates several former Directives into one single document, and aims to (i) enhance competition, namely by increasing transparency of market access conditions, and improve access to rail-related services, (ii) foster investment in railway infrastructure, and (iii) create a stricter regulatory oversight where the powers of the regulator are strengthened. The first railways liberalization legislation dates from the 1990s: Directive 91/440/EEC on the development of the community’s railways, Directive 95/18/EC on the licensing of Railway Undertakings and Directive 95/19/EC on allocation of railway infrastructure capacity, and the charging of infrastructure fees and Directive 96/48/EC of July 23, 1996, on the interoperability of the trans-European high-speed rail system. This first set of Directives was followed by three Packages and a Recast Directive, which consolidates the different pieces

Download

Copyright Disclaimer:
This site does not store any files on its server. We only index and link to content provided by other sites. Please contact the content providers to delete copyright contents if any and email us, we'll remove relevant links or contents immediately.