Table of Contents
Acknowledgments ix
Executive Summary xi
Abbreviations xxiii
Chapter 1 Context 1
Introduction 1
Notes 8
Chapter 2 Legal and Regulatory Framework Governing Market Competition 9
Introduction 9
The Romanian Competition Law 9
The State Aid Law 12
The Unfair Competition Law 14
Sector-Specific Legal Framework Governing Competition: The Railways Legislation Package 15
Telecommunications: Broadband Infrastructure 16
Electronic Communications 17
Competitive Processes Associated with Public Procurement 17
Notes 18
Chapter 3 Operational Framework 21
Introduction 21
Rules, Structure, Staffing, and Strategy 21
Governance and Board Operations 23
Information Technology Environment 26
Notes 30
Chapter 4 Enforcing Competition Law 33
Preventing Anticompetitive Mergers 33
Fighting Exclusionary Business Practices 34
Ensuring Access to File and Confidentiality 35
Fostering Deterrence: Fines, Leniency, and Cease and Desist 36
Minimizing Competition Distortions Associated with Granting State Aid 38
Capacity Building for Staff and Board Members 39
Notes 44
Chapter 5 Creating a Competition Culture 47
Introduction 47
Challenges 47
Collaboration with Regulators 48
Notes 50
Appendix A RAS Experts 53
Appendix B RAS Deliverables 57
Bibliography 85
Boxes
ES.1 Application of RAS Results XX
1.1 Restrictiveness of Product Market Regulations in Romania 2
3.1 Basic IT Principles 27
4.1 Proposed Step-by-step Methodology to Calculate Fines 36
4.2 Snapshot of Selected Capacity Building Workshops 42
5.1 Snapshot of Competition Advocacy Events 48
Figures
B1.1.1 Product Market Regulation: Romania Compared with EU Countries 2
Bl.1.2 PMR for State Control of Economic Activity, EU Countries 3
Bl.1.3 PMR for Government Involvement in Infrastructure, EU Countries 3
Bl.1.4 PMR for Barriers to Trade and Investment, EU Countries 4
Bl.1.5 PMR for Barriers to FD1, EU Countries 4
1.1 Typology of Competition Rules in the EU 6
1.2 Implementing the Competition Policy Framework 8
3.1 RCC Activities 22
4.1 Dynamic Process of State Aid Assessment and Evaluation 39