The Inter-institutional Council for combating unfair competition

The Government Resolution no. 162/2016, published in the Official Gazette no. 209 of 22 March 2016, on the organization and functioning of the Inter-institutional Council for combating unfair competition, represents the measure adopted by the Government for the establishment of a new permanent and advisory body that aims to maintain a fair competitive market. According to art. 2 of G.R. 162/2016, the Inter-institutional Council makes connections and cooperates with government authorities and institutions, as well as any entity operating in specific areas with a relevant impact in maintaining a fair and competitive market that can provide support in order to achieve its objectives.

The composition of this new inter-institutional Council will consist of two representatives of each of the following institutions:

◦ Ministry of Finance;

◦ Competition Council;

◦ National Audiovisual Council;

◦ National Authority for Consumer Protection;

◦ State Office for Inventions and Trademarks;

◦ Romanian Office for Copyright.

The president of the Inter-institutional Council will be constituted by one of the representatives of the Ministry of Finance and will be appointed by order of the Minister of Public Finance, while the Competition Council will act as a secretariat. In the situation that the president of the Inter-institutional Council can’t fulfill his duties for objective reasons, the meetings of the Inter-institutional Council shall be chaired by a member of the Council appointed by the President during his absence or unavailability.

The attributions of the Inter-institutional Council, according to G.R. no. 162/2016, are the following:

◦ ensuring the consistency of the foundation and implementation of public policies in specific areas of activity that have a relevant impact in maintaining a fair competitive market;

◦ ensuring institutional communication in specific areas of activity with relevant impact in maintaining a fair competitive market;

◦ harmonizing the points of view of the institutions with attributions in the field at a national level;

◦ submitting to debate the results of the evaluation of specific legal framework of each authority with relevant impact in maintaining a fair and competitive market, as well as drafting proposals for improvement in accordance with EU regulations and practice in this area;

◦ preparing the annual report on the implementation of legislation with relevant impact in maintaining a fair competitive market for the preceding year;

◦ issuing advisory opinions in its field of competence, in order to maintain a fair competitive market.

Both the advisory opinions and the annual report on the implementation of legislation with relevant impact in maintaining a fair competitive market for the previous year must be approved unanimously by the members and will be forwarded for information to the institutions and authorities provided by law.

The above-mentioned Government Resolution also regulated the obligation of the institutions whose members make up the Inter-institutional Council to publish on their official websites both the advisory opinions of the Council, and its annual report.

For further information on the organization and functioning of the new Inter-institutional Council for Combating Unfair Competition, please don’t hesitate to contact the team of lawyers within the law firm Darie, Manea & associates who have extensive experience in commercial law.