The Regulation of 22 December 2011 issued by the president of the Competition Council for amending and supplementing Regulation regarding economic concentrations was published in the Official Gazette no. 23 of 11 January 2012 [in Romanian, Regulamentul din 22 decembrie 2011 pentru modificarea si completarea Regulamentului privind concentrarile economice, pus in aplicare prin Ordinul presedintelui Consiliului Concurentei nr. 385/2010].
The main amendments provide:
- The obligation of the parties involved in the concentration operation to notify the Competition Council within the mandatory term in case of doubt regarding the obligation to notify;
- The collected information will be used solely for the application of the competition legislation. However, should such collected information breach other legal provisions, the Competition Council will notify the competent authorities in this respect (e.g.:, in case of a potential breach of the fiscal legislation);
- If so considered, the Competition Council can request statements from any natural person (employees or collaborators of the legal entity) or from the legal representative of the legal entity (director, manager, or any other persons who have management and representation attributions) who agrees to make such statements, during the investigation regarding concentrations.
- The procedure applied in case of concentrations which may represent potential risks for the national security, including the communication procedure of the relevant information and documents to the Supreme National Security Council;
- The new thresholds for the contraventions applicable in this matter were decreased;
The provisions of this regulation entered into force on 11 January 2012.