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New rules at the Competition Council on the conduct of hearings

The hearing procedure before the Competition Council is set forth by the Regulation no. 789/2011 on the conduct of hearings and decision making by the Competition Council published in the Official Gazette no. 792 of November 8th, 2011 – Part I, [in Romanian, Ordin nr. 789/2011 pentru punerea in aplicare a Regulamentul privind desfasurarea audierilor in cadrul Consiliului Concurentei si adoptarea deciziilor].

As per art. 20 para. (4) of the competition Law no. 21/1996, the Competition Council examines the investigation reports, with objections if any, and further decides on what action to take. This investigation report is further reviewed by the President of the Competition Council who decides if a hearing should be scheduled for debate. If the President of the Competition Council decides that a hearing should take place, it will be convened and ruled in accordance with the provisions of the Regulation.

The hearing procedure will include 3 steps, namely:

  • the preliminary procedure;
  • the hearing;
  • deliberation, approval and deliver of the Competition Council decision.

The hearings are not public and the deliberation procedure is secret. The decision is made with the majority of the Competition Council’s members.