Order No. 78 of 10 April 2006 (the “Order”) issued by the President of the Competition Council for the enforcement of the instructions on the access rules to the file of the Competition Council in the cases related to article 5 and 6 of the Law No. 21 of 10 April 1996 (the “Competition Law”) and in the cases of economic concentrations.

According to the Competition Law, the right of accessing the file of the Competition Council is granted as a procedural guarantee, by observing the principles of equal treatment and the right to defense. In the light of the provisions of the instructions approved by the Order, access to the file designates exclusively the access ensured to the persons, commercial entities and associations of commercial entities to whom the Competition Council has delivered the investigation report.

The Order enters into force as of its publication in the Official Gazette of Romania. (Official Gazette No. 371 of 28 April 2006)

Order No. 78 of 10 April 2006 (the “Order”) issued by the President of the Competition Council for the enforcement of the instructions on the access rules to the file of the Competition Council in the cases related to article 5 and 6 of the Law No. 21 of 10 April 1996 (the “Competition Law”) and in the cases of economic concentrations.

According to the Competition Law, the right of accessing the file of the Competition Council is granted as a procedural guarantee, by observing the principles of equal treatment and the right to defense. In the light of the provisions of the instructions approved by the Order, access to the file designates exclusively the access ensured to the persons, commercial entities and associations of commercial entities to whom the Competition Council has delivered the investigation report.

The Order enters into force as of its publication in the Official Gazette of Romania. (Official Gazette No. 371 of 28 April 2006)


Order No. 326 of 23 December 2005 of the Competition Council (the "Order") on the amendment of Article 8 (1) of the Competition Law, as subsequently amended.
The Order amends the provision of the aforementioned article, by stipulating the amount of 4.000.000 RON with respect to the value ceiling of the turnover.
The Order enters into force as of its publication in the Official Gazette of Romania. (Official Gazette No. 1172 of 23 December 2005)


Order No. 90 of 24 May 2005 of the Competition Council (the “Order”) on the application of norms pertaining to the resolution of claims related to Articles 5 and 6 of the Law No. 21 of 10 April 1996 (“the Competition Law”), as subsequently amended.
The Order aims to regulate the legal framework with respect to the information of the Competition Council regarding the irregularities related to Articles 5 and 6 of the Competition Law.
According to the stipulations provided by the aforementioned Order, the Competition Council may be informed by filling an official claim or by providing information on the market.
The Order norm enters into force as of its publication in the Official Gazette of Romania. (Official Gazette No. 472 of 3 June 2005)


Order No. 78 of 28 April 2005 of the Competition Council (the “Order”) pertaining to the enforcement of the instructions to fill in section V, c), from the Instructions to Individualize Sanctions and Contraventions, as stipulated in Article 36 of the Competition Law.
According to the Order provisions, the above mentioned section is amended with new paragraphs with respect to certain fines that must be paid by the sanctioned economic agents.
The Order norms enter into force as of its publication in the Official Gazette of Romania. (Official Gazette No. 409 of 16 May 2005)


Order No. 82 of 4 May 2005 of the Competition Council (the “Order”) with respect to the enforcement of the regulation regarding the exclusion of the technology transfer from the provisions set out in Article 5, paragraph 1 of the Competition Law.
The Order norms exclude the technology transfer and /or know-how from the stipulations of the Article 5, paragraph 1 of the Competition Law, based on category of agreements, decisions of associations and concerted practice, only in the case in which the technology transfer restrains, misrepresents or hinders competition. The technology transfer agreement that fulfills the conditions for exceptions can be considered legal and do not bind the Competition Council to any notifications.
The Order enters into force as of its publication in the Official Gazette of Romania. (Official Gazette No. 429 of 20 May 2005)


Order No. 65 of 27 April 2005 of the Competition Council (the Order) regarding the implementation of the instructions with respect to the informal orientation concerning new issue raised by the implementation of Article 5 and 6 of the Competition Law.
According to the provisions of the Order mentioned above, the economic agents are entitled to request from the Competition Council the issuance of a leading letter regarding the new aspects concerning the interpretation of article 5 and 6 of the Competition Law. Furthermore, the Competition Council has the right to decide on the suitability to issue leading letters based on certain criteria, such as (i) there are no legal solutions regarding the raised issue, (ii) the issuance of the leading letter shall be useful and (iii) the issuance of the leading letter is possible based on the provided information.
The Order norms enter into force as of its publication on the Official Gazette of Romania. (Official Gazette No. 356 of 27 April 2005)


Order No. 57 of 31 March 2005 of the Competition Council (the “Order”) on the enforcement of the instructions regarding the framing of a company within the category of a small or medium sized company.
The Order refers to the establishment of the statement form for companies requesting state aid for small and medium sized companies.
The Order enters into force as of its publication in the Official Gazette of Romania. (Official Gazette No. 314 of 14 April 2005).


Order No. 51 of 21 March 2005 of the Competition Council (the “Order”) for the enforcement of the instructions regarding the interest rate applicable in the case of recovering or reimbursing the illegal or forbidden state aid.
The Order norms aim to establish the level of the interest rate proposed by the Competition Council in the case of recovering or reimbursing the illegal or forbidden state aid.
The Order enters into force as of its publication in the Official Gazette of Romania. (Official Gazette No. 115 of 25 March 2005)