The new Competition Law Regulation have entered into force on 12 October 2018, on the date of its publication.
The mentioned diploma raised from the need to regulating the Competition Law passed by Law no 5/18, of 10 May 2018. Therefore, it has become necessary ensure the clarification of the rules and procedures which conducting the processing of the processes related to the anti-competitive agreements, to the other restrictive practices from Competition and to the control of massification of companies.
This legal framework applies to all economic activities performed in the national territory, whether are performed by private or public companies, entities in economic units, cooperatives or professional associations.
In respect to company definition, the afore-mentioned diploma defines company as any public, private or mixed entity, which performing an economic activity on production, acquisition, or supply of goods, or provision of services, in the national market aiming in return the profit, also including the professional associations, whose decisions and internal rules are subject to the application of the articles 12 and 13 of the Competition Law.
The new diploma forbids abusive dominant positions which is determined when a good or service is held by one, two or more companies, acting in concert with a percentage equal or superior to 50%.
The present Regulation clarifies the procedure related to the instruction of the Investigation which is imperatively launched when the Competition Regulatory Authority take knowledge from the existence of restrictive practices. Hence, the elements that shall constitute the notifications made to the alleged non-compliant companies are duly stated, as well as the way how it should be done, the deadlines and the allowable means of proof. In the absence of a specific deadline for any act, we should consider the subsidiary deadline of 10 days.
Also, this legal document defines the applicable fines and the possibility to reduce the same, through the publication of the Clemency Regime from the Competition Regulatory Authority side.