Art. 1. This Act is aimed at protecting, keeping up and stimulating competition and a healthy competitive environment, with a view to promoting the interests of the consumers. 

Art. 2. (1)The stipulations of this Act shall be applied to all the acts and deeds that have or may have as result the restriction, hindering or distortion of competition, being committed by: 

a) economic operators or associated economic operators - natural or artificial persons - of Romanian or foreign citizenship, irrespective of nationality, hereinafter known as economic operators; 

b) the bodies of central or local public administration, to the extent they - through the decisions issued or regulations adopted - interfere in payment operations, directly or indirectly influencing the competition, with the exception of the situations when such measures are taken in order to apply other laws or to protect a major public interest. 

(2) When the economic operators, as per par. (1) letter a), participate in a group conventionally set up by agreement, understanding, covenant protocol, contract and the like, be it explicit, public or secret, but without juridical personality and irrespective of form - entente, coalition, group, federation or the like -, for the acts and deeds provided under par. (1), performed during the participation in a similar group, the stipulations of this Act shall be applied to each economic operator, taking into account the principle of proportionality. 

(3) The stipulations of this Act shall be applied to the acts and deeds provided under par. (1), when performed on the territory of Romania, as well as to the ones performed outside the national territory, when they have effect on the territory of Romania. 

(4) This Act shall not be applied to: 

a) the labour market and labour relations; 

b) the money market and the stocks and shares market, to the extent free competition on these markets is regulated by special stipulations. 

Art. 3. The administration and carrying into effect of this Act are entrusted to the Council of Competition, as an autonomous administrative authority, and the Office of Competition, a specialised body subordinated to the Government, empowered in this sense, in the conditions, modalities and limits established by the following stipulations. 

Art. 4. (1) The prices of the products and the tariffs of the services and jobs shall be established freely by the competition, according to the forces of supply and demand. The prices and tariffs exacted by régies autonomes, as well as those exacted within activities of monopolistic nature or other economic activities subject under the law to a special status shall be established with the approval of the Office of Competition. 

(2) In the economic sectors or on the market where competition is excluded or substantively limited by the effect of a law or because of the existence of a monopoly position, the Government may, by resolution, establish adequate forms of price control for a period of three years at most, which may be successively extended for periods of one year at most, if the circumstances that prompted the adoption of the respective resolution continue. 

(3) In case of specific economic sectors and under exceptional circumstances such as: periods of crisis, major imbalance of the demand/supply ratio, and obvious disfunctionality of the market, the Government may decree temporary measures to fight the excessive growth of prices, or even to stop it. Such measures may be adopted by resolution for a period of six months that may be extended successively for periods of three months at most, as long as the circumstances that prompted the respective resolution persist. 

(4) The intervention of the Government in the situations provided under par. (2) and (3) shall be made with the approval of the Council of Competition. 

Art. 5. (1) Any express or tacit understanding between economic operators or associated economic operators is forbidden, as well as any association decisions or concerted practices among the above-mentioned that have as object or may result in restricting, hindering or distorting competition on the Romanian market or on part of it, especially if they pursue: 

a) to set in concert, directly or indirectly, purchase or selling prices, tariffs, discounts, mark-ups, as well as any other unfair commercial conditions; 

b) to restrict or control production, distribution, technological development or investments; 

c) to divide the markets or the supply sources according to territorial criterias, the volume of sales or purchases, or other criteria; 

d) to apply, as far as the commercial partners are concerned, unfair conditions for equivalent services, thus causing some of them a disadvantage in their competitive position; 

e) to condition the conclusion of contracts on the acceptance by the partners of clauses stipulating additional services which, neither by their nature nor according to commercial practices, have any connection with the object of these contracts; 

f) to participate in concert with forged offers in auctions or in any other forms of bid contests; 

g) to eliminate from the market other competitors, to limit or hinder the access to the market and the freedom to put up a competition of other economic operators, as well as to strike agreements not to buy from or not to sell to certain economic operators without a solid justification. 

(2) The understandings, association decisions of concerted practices that cumulatively fulfil the conditions under letter a)-d) and one of the conditions under letter e) may be dispensed from the interdiction laid down under par. (1) as follows: 

a) the positive effects prevail over the negative ones or are sufficient to compensate the limitation of the competition caused by the res pec tive understandings, association decisions or concerted practices; 

b) the beneficiaries or the consumers are guaranteed an advantage corresponding to that achieved by the parties to the respective understanding, association decision or concerted practice; 

c) the possible restrictions of competition are indispensable to obtain the advantages envisaged, and the respective understanding, association decision or concerted practice does not impose on the parties restrictions that are not necessary for the implementation of the objectives listed under letter e); 

d) the respective understanding, association decision or concerted practice does not enable the economic operators or the associated economic operators to eliminate the competition on a substantive part of the market of the products or services in question; 

e) the understanding, association decision or concerted practice in point contributes or may contribute significantly to: 

-improving the production or the distribution of products, the execution of jobs or carrying out of services; 

-promoting the technological or economic progress, the improvement of products and service quality; 

- strengthening the competitive position of small and medium-sized enterprises on the domestic market; 

- enhacing the competitivity of the Romanian products, jobs and services on the foreign market; 

- constantly posting substantively lower prices for the consumers. 

(3) The benefit of the dispenser provided under par. (2) shall be awarded by resolution of the Council of Competition, for individual cases of understandings, association decisions or concerted practices, and shall be established by regulations of the Council of Competition for certain categories of understandings, association decisions or concerted practices. 

(4) For individual dispensers or understandings, association decisions or concerted practices, the economic operators or associated economic operators shall request a dispenser from the Council of Competition, providing the fulfilment of the conditions laid down in par. (2); the term for requesting the dispenser, the decision granting it, the periods of time, the information to be offered, the duration and the conditions of the dispenser shall be established by the Council of Competition through regulations. 

(5) The categories of understandings, association decisions or concerted practices dispensing from compliance with the criteria according to which they are separated into categories shall be established by the Council of Competition through regulations. 

(6) The decision granting dispensers for understandings, association decisions or concerted practices issued in the application of the provisions under par. (2)-(4) shall specify the date when they are to be applied, the duration of the dispenser, as well as the conditions and obligations to be observed by the beneficiaries. 

(7) The understandings, association decisions or concerted practices deemed to fall within any of the categories dispensing from the compliance with the provisions under par. (1) shall be notified by the economic operators or the associated economic operators to the Council of Competition which shall check the compliance with the conditions implied by the criteria and procedure thereof established by the regulations and instructions. Failure by the Council of Competition to provide an answer within the period established under regulations is tantamount to the notifier being labelled in the dispensed category. 

(8) The dispenser granted in conformity with par. (6) for an under standing, associated decision or concerted practice may be renewed on demand if the necessary conditions are further fulfilled, and may be revoked if the circumstances in which it was awarded have changed; the decision granting a dispenser is null and void in case it has been awarded following false, inexact or incomplete information. 

Art. 6. It is forbbiden to abusively avail oneself of the dominant position held by one or several economic operators on the Romanian market or on a substantive part of it by resorting to unfair competition that may have as object or may result in affecting the commerce or prejudicing the consumers. Such abusive practices mainly consist in: 

a) imposing, directly or indirectly, purchase or selling prices, tariffs or other unfair contract clauses, and refusing to deal with certain suppliers or beneficiaries; 

c) applying, as far as the commercial partners are concerned, unfair conditions for equivalent services, thus causing to some of the afore-mentioned a disadvantage in the competitive position; 

d) conditioning the conclusion of certain contracts on the acceptance by the partners of clauses stipulating additional services that have no connection with the object of the respective contracts either by their nature or according to commercial standards; 

e) making imports without a competition of offers and usual technical-commercial negotiations, in the case of products or services that determine the general level of prices and tariffs in the economy; 

f) using excessive or ruining prices, lower than the costs, with a view to removing the competition or selling for export under the production cost, covering the differences by imposing higher prices on the domestic consumers; 

g) capitalizing on the state of economic dependence of a client or supplier as to such an operator or economic operators, who have no alternative in equivalent conditions, as well as breaking the contractual relations for the sole reason that the partner refuses to comply with unjustified commercial conditions. 

Art. 7. (1) If by the measures taken and the penalties assessed by the Council of Competition, in accordane with the provisions under chapter IV-VI of this Act, against an economic operator abusing his dominant position, the situation is not redressed and the abuse is repetead, the Council of Competition, on grounds of serious damage to a major public interest, may demand the Court of Appeal, in the territorial radius within which the economic operator abusing his dominant position is headquartered, to order adequate measures to liquidate the respective's dominant position on the market and the court is entitled to decide, as the case may be: 

a) to invalidate contracts or contract clauses which abusively exploit the dominant position; 

b) to invalidate the act or acts leading to the concentration of effects causing a dominant position, even when the respective legal act or acts might have helped to establish a new artificial person; 

c) to limit or ban market access; 

d) to sell the assets; 

e) to restructure the economic operator by division. 

(2) The Council of Competition is bound to specify, by reference to the legal text, the measure or measures requested to be decreed by the court, without being entitled to ask - in the case in point - for any of them or all of them to be taken, the court being unable to order any other measure than that or those to which the petition refers to. 

(3) The court may decree one or several of the measures provided under par. (1) only on condition all price rise for this reason be avoided and the economic operators be not hindered from carrying out the obligations assumed before third parties. 

(4) In the case of régies autonomes, of commercial companies in which the State is a majority shareholder, as well as of other public bodies or institutions that carry out production activities, distribution or services, but not exercising thus public authority prerogatives, the Council of Competition shall notify in advance the relevant body of the central or local public administration to take an adequate decision with a view to restoring the situation or preventing a repetition of the abuse, by restructuring or any other modalities adequate to the situation, being able to notify the relevant Court of Appeal only in case the administrative body fails to take an adequate decision within 30 days from notification.
(5) Major public interest, motivating the request of the Council of Competition to order extreme measures as provided under par. (1), is deemed public security, the plurality of independent operators, the welfare of the consumers and prudential rules. The task of proving the serious damage done to the major public interest devolves on the Council of Competition. 

(6) For the situation provided under par. (4) the competent body of public administration may interfere in the process in conformity with the rules of the Code of Civil Procedure. 

(7) The Council of Competition and the economic operators subject to measures ordered by the Court of Appeal may file an appeal with the Supreme Court of Justice against the sentence of the Court of Appeal, notified as per par. (1) or (4), as well as the relevant body of the public administration in the situations provided under par. (4). 

Art. 8. (1) The provisions under Art. 5 and 6 do not apply in case the economic operators or the groups of economic operators whose turnover for the financial exercise previous to the recourse to behaviour likely to be deemed unfair competition practices does not exceed a ceiling established yearly by the Council of Competition, and the market quota held by the economic operator or the economic operators participants in the respective group does not exceed 5 per cent. 

(2) The limits provided under par. (1) do not apply to unfair competition practices banned under the provisions in Art. 5 and 6 when they bear on prices, tariffs, agreements to divide the market, or auctions. 

Art. 9. (1) All actions are banned of the bodies of central or local public administration that have as object or may result in limiting, hindering or distorting competition, in particular: 

a) taking decisions that restrict the freedom of commerce or the autonomy of economic operators exercised with observance of the legal regulations; 

b) establishing discriminating conditions for the activity of economic operators. 

(2) The stipulations under par. (1) do not make the object of application of the exemption put forth under Art. 2 par. (1) letter b). 

Art. 10. The bodies of local and central public administration, as well as other institutions empowered under the law to restructure, by merger or division, the régies autonomes, the commercial companies with majority State participation or other State artificial persons that carry out production, distribution or services activities shall request the Council of Competition an agreement on the creation and improvement of the competitive climate in the economy to be achieved by the respective restructuring, with sizing down of the economic operators in the conditions of conserving economies of scale and increasing the number of economic operators that provide goods and services of the same kind or interchangeable. 

Art. 11. (1) Economic amalgamation is achieved by any legal act, irrespective of its form, which either stipulates the transfer of property or of the use of all or part of the goods, rights and obligations of an economic operator, or has as object or result the permission given to an economic operator or a group of economic operators to exercise directly or indirectly a determinate influence on another economic operator or several economic operators. 

(2) An action of economic amalgamation takes place when: 

a) two or several economic operators, previously independent, merge; 

b) one or several persons that already hold control over at least one economic operator or one or several economic operators acquire, directly or indirectly, control over one or several other economic operators or over parts of them, either by share-taking in the capital or by purchasing elements of the assets by contract or other means. 

(3) Association operations having as object or effect the coordination of the competitive behaviour of the participating economic operators that remain independent do not represent economic amalgamation by acquiring control even when such operations would mean the creation of common economic entities. If the common economic entity is an artificial person constantly fulfilling all the tasks of an autonomous economic entity, without achieving, though, the coordination of the competitive behaviour either between the founding economic operators, or between them and itself, the operation represents an amalgamation in the sense of the provisions under par. (2) letter b). 

(4) In the sense of this Act control derives from rights, contracts or other means that confer - each in itself or together and taking into account the de facto or de jure circumstances - the possibility to exercise a determinate influence over an economic operator, through: 

a) ownership over or usufruct of the total or parts of the assets of an economic operator; 

b) rights of contract that confer a determinate influence on the constitution, discussions or decisions of the bodies of an economic operator. 

(5) Control is acquired, under the provisions in par. (2)-(4), by the person or persons or by the economic operators who are the owners of the rights or beneficiaries of the contracts mentioned under par. (4) or who, not owning such rights or contracts, have the power to exercise determinate influence that confers such rights or contracts. 

Art. 12. The following situations do not represent an operation of economic amalgamation: 

a) when control is acquired or exercised by a liquidator designated by court order or by any other person empowered by the public authority to carry out a procedure ending payment, rehabilitation, composition, judicial liquidation, forced prosecution or other similar procedure; 

b) the banking societies, the credit or financing institutions, the financial societies (of investment, administration of investments, intermediation of stocks and shares) or the insurance companies whose normal activities include transactions and negotiations of titles on one's own behalf or on behalf of third parties, temporarily hold shares in an economic operator which they have acquired in order to resell them, as long as they do not exercise the voting rights deriving from these shares in order to influence the competitive behaviour of the respective economic operator or exercise them only with a view to obtaining the respective share, on condition the respective share is obtained within one year as from the date of acquisition; on demand, the Council of Competition may prorogue the term, in case the applicant produces the justification that it has not been reasonably possible to obtain the acquired share within the period set; 

c) control is acquired by the persons or economic operators mentioned under Art. 11 par. (2) letter b), on condition the voting rights deriving from the shares obtained be not exercised, especially for the appointment of members in the administration bodies, the executive management, the surveillance and control bodies of the economic operator in which they hold the shares, but to the purpose of safeguarding the integral value of the respective investment, and not to determine, directly or indirectly, the competitive behaviour of the economic operator subjected to control. 

Art. 13. The economic amalgamations are forbidden which, having as effect the creation or consolidation of a dominant position, lead or may lead to significantly restricting, removing or distorting the competition on the Romanian market or on part of it. 

Art. 14. (1) In order to establish their compatibility with a normal competition environment, the economic amalgamation operations shall be assessed according to the following criteria: 

a) the need to maintain and boost competition on the Romanian market, taking into account the structure of all the markets in point and the existing or possible competition between the economic operators located in Romania or abroad; 

b) the market share held by the respective economic operators, their economic and financial might; 

c) the alternatives available for the suppliers and the end-users, their access to the markets and sources of supply, as well as any barriers mounted through normative acts or any other acts against access on the market; 

d) the trends of demand and supply for the respective goods and services; 

e) the extent to which the interests of the end-users or of the consumers are affected; 

f) the contribution to the technological or economic progress. 

(2) Economic amalgamations may be accepted if the parties interested in the amalgamation prove the cumulated fulfilment of the following conditions: 

a) the amalgamation operation shall help enhance economic efficiency, improve production, distribution or technological progress, or enhance export competitivity; 

b) the favourable effects of amalgamation compensate the unfavour able effects of restricting the competition; 

c) the consumers, too, benefit from the ensuing advantages to a certain extent, especially thanks to lower real prices. 

Art. 15. The provisions of this chapter do not apply to economic amalgamations where the economic operators involved in the operation total a turnover of up to 10 billion Lei. 

Art. 16. (1) Economic amalgamations that exceed the threshold provided under Art. 15 are subject to control and must be notified to the Council of Competition. 

(2) Economic amalgamations that are established under an agreement must be notified by each of the interested parties; in the other cases, the notification must be forwarded by the economic operator that has initiated the amalgamation. 

(3) The notification procedure, the terms, documents and information to be submitted, the communications and the observations presented by the economic operators interested shall be laid down by rules and instructions adopted by the Council of Competition. 

(4) Until the Council of Competition makes a decision concerning the notified amalgamation, the economic operators in point may take only those measures related to the amalgamation that are not irreversible and do not finally alter the structure of the market. 

Art. 17. (1)The Council of Competition is set up as an autonomous administrative authority in the field of competition, an artificial person headquartered in Bucharest Municipality, exercising its attributions according to law. 

(2) The organisation and personnel structure of the Council of Competition, the management and execution attributions of the relevant personnel are established by own regulations adopted by the Council. 

Art. 18. (1) The Council of Competition consists of ten members as follows: a chairman, three deputy chairmen and six councillors of competition. The members of the Council of Competition are appointed by the President of Romania upon joint proposal from the Economic Commission of the Senate and from the Commission for Economic Policy, Reform and Privatisation of the Chamber of Deputies which provide the list of names and position appointed to each person on the list. 

(2) The members of the Council for Competition have a five-year mandate; they may be reinvested two times at most. 

(3) The requisite particulars in order to be appointed a member of the Council of Competition are: higher education, adequate professional competence, a solid reputation and a seniority of at least ten years in the following domains: commerce, prices, competition, law. 

(4) The members of the Council of Competition are public servants and their quality is incompatible with the exercise of any other public dignity or position, with the exception of teaching activities in the higher education units. 

(5) The members of the Council of Competition are not allowed to exercise, directly or through proxies, commerce activities, or to participate in the administration or management of commercial companies, régies autonomes or cooperatist organisations. They cannot be designated experts or arbiters either by the parties or by the court or any other institution. 

(6) The members of the Council of Competition do not represent the authority that has appointed them and are independent in making decisions. 

(7) The members of the Council of Competition and the inspectors of competition cannot be members of political parties or formations. 

(8) The mandate of member of the Council of Competition is terminated: 

a) at the expiration of the period; 

b) by resignation; 

c) by demise; 

d) by a final impossibility to exercise the post, consisting in unavailability for more than 60 consecutive days; 

e) when an incompatibility or impediment occurs of the type provided under par. (4)-(6), in conformity with the provisions under par. (10); 

f) by revoking for breach of the stipulations of this Act or for a criminal sentence on a felony committed that has come final by court order. 

(9) The members of the Council of Competition can be revoked in the case provided under par. (8) letter f) by the authority that has appointed them. Until the court order comes absolute they may be suspended from their posts by the same authority. 

(10) In case of vacancy of a seat on the Council of Competition for one of the situations provided under par. (8) letter b)-f), there shall be designated and appointed, in conformity with the provisions under par. (1), a new member for the period left of the mandate. 

(11) The members of the Council of Competition are under obligation to immediately notify the Council of any situation of incompatibility or any impediment as provided under par.(4)-(7), being de jure suspended from their posts as from the moment the situation has occurred and, if the situation extends over more than ten consecutive days the mandate shall be terminated and action shall be taken in conformity with the provisions under par. (8) and (10). 

Art. 19. (1) Before taking the post, each member of the Council of Competition is under obligation to take - before the President of Romania and the other designated members, and after the presidential decree appointing him to the post has been read - the following oath: "I swear to observe the Constitution and the laws of the country, to defend the interests of Romania, the fundamental rights and liberties of the citizens, to fulfil with honour, dignity, loyalty and responsibility, and without bias the tasks devolving on me. So help me God!" 

(2) The chairman of the Council of Competition shall take the oath first. 

(3) In case the oath fails to be taken within 30 days from the publication in Official Gazette of Romania of the nomination decree, the assigned member is deemed resigned de jure, and the procedure of designation and appointment of another person for the vacancy shall be resumed. 

(4) The acts committed by any of the members of the Council of Competition prior to the oath-taking are null and void de jure. 

Art. 20. (1) The mandate of the first Council of Competition begins on the date the chairman of the Council of Competition takes the oath and expires at the termination of the five-year period, calculated from this date. 

(2) If, until the expiration of the ongoing mandate, the chairman of the Council of Competition designated for the next mandate has failed to take the oath with observance of the stipulations under Art. 19, the acting members of the Council of Competition shall continue their activity until the chairman of the Council designated for the next mandate has taken the oath. 

Art. 21. (1) The Council of Competition shall carry its activity and hold discussions in plenum and in commissions. 

(2) Each commission consists of two councillors of competition in the makeup established by the chairman of the Council of Competition for each case separately, and is headed by a deputy chairman of the Council of Competition. 

(3) The chairman of the Council of Competition shall order the undertaking of investigations and appoint the rapporteur for each investigation. 

(4) The Council of Competition shall review in plenum: 

a) the investigation reports, with the possible objections at them, and shall decide on the measures to be taken; 

b) the authorisation of economic amalgamations; 

c) the court notification for the enforcement of provisions under Art. 7; 

d) the points of view, recommendations and notes to be drawn up in the application of the stipulations included in this Act; 

e) the categories of understandings, association decisions and concerted practices proposed for acceptance; 

f) the regulation projects forwarded for adoption; 

g) the yearly report on the situation of the competition. 

(5) In the deliberative formations, each member has a vote; in case of equal distribution of the votes, the solution voted by the chairman shall prevail. 

(6) The decisions adopted by the Council of Competition in plenum in conformity with the provisions under par. (4) shall be signed by the chairman, in the name of the Council of Competition; they may be challenged within 30 days from publication or, as the case may be, from notification, in the administrative court of law of the Bucharest Court of Appeal; the sentence shall be deemed absolute (no right of appeal), an appeal being possible at the Supreme Court of Justice. 

Art. 22. (1) The chairman of the Council of Competition binds, by his signature, the Council of Competition in point of equity as a legal person and represents it as a public institution before natural and artificial persons, the legislative, judicial and administrative authorities, as well as other Romanian, foreign and international institutions. He exercises disciplinary prerogatives over the entire staff of the Council of Competition. 

(2) The orders and decisions of the Council of Competition, which dispose measures and apply penalties, shall be signed by the chairman, and the regulations adopted by the Council of Competition shall be applied, suspended or abrogated by order of the chairman. 

(3) In case of the chairman's absence or unavailability legal representation of the Council of Competition devolves on one of the vice-chairmen, deputed by the chairman for the period of his absence or unavailability. 

(4) The chairman of the Council of Competition may delegate representation powers on any of the deputy chairmen, councillors of competition, inspectors of competition or other persons, and the mandate must mention expressly the delegated powers and the period for their exercise. 

Art. 23. (1) With a view to exercising its tasks, the Council of Competition shall draft and adopt its organisation, operation and procedural regulations, and set up its own staff, the nomination on posts being established by the regulations. 

(2) The list of posts and functions, the conditions of work and of promotion, as well as the tasks for each post shall be established by the regulations adopted by the Council of Competition. Art. 24. The position of chairman of the Council of Competition is assimilated to that of minister, that of deputy chairman to that of secretary of state, and that of councillor of competition to the position of under-secretary. 

Art. 25. A general secretariat shall operate within the Council of Competition, headed by a secretary-general designated by the Council of Competition. The tasks of the secretary-general shall be established under the organisation, operation and procedural regulations adopted by the Council of Competition. 

Art. 26. (1) The Council of Competition shall draft its own budget, distinct from the State budget. 

(2) For the operation of the Council of Competition and of its territorial apparatus, the Government and, as the case may be, the bodies of the local public administration shall allot to the Council of Competition the necessary buildings to administrate, respectively the terrain and the amenities on the public domain of national interest or, as the case may be, a location within 60 days since the registration of the application by the Council of Competition. 

(3) The sums representing taxes and fines or other fines assessed by the Council of Competition shall go to the State budget, under the law. 

Art. 27. The Council of Competition has the following tasks: 

a) to take the decisions provided in this Act against the breaches of regulations stipulated under Art. 5, 6, 13 and 16, notified after investigations; 

b) to certify, on the basis of the investigations undertaken upon the request of the economic operators or the associated economic operators and on the basis of the proofs presented, that no grounds exist for its intervention based on Art. 5 par. (1), or on Art. 6; 

c) to take decisions granting individual exemptions of under standings, association decisions or concerted practices falling within the provisions of Art. 5 par. (2), as well as decisions to accept economic amalgamations as per Art. 14 par. (2) as a result of the investigation undertaken in the cases notified by the economic operators or the associated economic operators interested; 

d) to assure the actual application of its own decisions; 

e) to undertake, at its own initiative, investigations that are useful for a better knowledge of the market; 

f) to notify the Government on the existence of a monopoly situation or other cases, similar to those provided under Art. 4 par. (2) and (3); to take the measures deemed necessary to control prices; 

g) to notify the court on the cases for which it is competent; 

h) to pursue the application of the legal stipulations and other related rules of law in the domain of this Act; 

i) to notify the Government of the cases of interference by bodies of central and local public administration in the application of this Act; 

j) to approve the draft resolutions of the Government that may have an unfair competition impact and propose the amendment of the acts with like effect; 

k) to approve, as concerns the effects on the competition, the policy and the schemes for granting State aid, and to control the observance of these rules; 

l) to guide the Government and the bodies of local public administration on the adoption of measures to facilitate the development of the market and of the competition; 

m) to suggest to the Government or the bodies of local public administration disciplinary measure-taking against the staff subordinated to it, in case they fail to observe the mandatory stipulations of the Council of Competition; 

n) to draw up studies and reports bearing on its field of activity and provide the Government, the public and the specialised international organisations with information on the relevant activity; 

o) to represent Romania and promote exchanges of information and swaps of experience in the relations with the relevant international organisations and institutions, and to cooperate with foreign or community competition authorities. 

Art. 28. (1) The Council of Competition adopts regulations and issues orders, makes decisions and issues approvals, makes recommendations and drafts reports. 

(2) The Council of Competition adopts regulations on: 

- organisation, operation and procedure; 

- the authorisation of the economic amalgamations; 

- exemption of certain categories of understandings, association decisions or concerted practices; 

- the status of exemptions; 

- notification and assessment of penalties provided in this Act; 

- tariffs for notification, exemption application, access to documents and the release of copies or excerpts; 

- the investigation, inquiry and control personnel; 

- the disciplinary status of the personnel. 

(3) The Council of Competition adopts instructions on: 

- notifications of economic amalgamations; 

- notifications of eligibility to certain categories of understandings, association decisions or concerted practices exempted; 

- requests of exemptions and proroguing of exemptions; 

- calculation of the turnover and of the value ceilings provided in this Act; 

- assessment of the substantive part of the market; 

- payment of the taxes and tariffs set by this Act and by regulations. 

(4) The Council of Competition issues orders by which it establishes value ceilings to be reviewed periodically, as provided in this Act, it applies, suspends or abrogates the regulations adopted, orders investigations, inquiries or the measures to be taken as concerns economic operators. 

(5) The decisions are individual acts of administration, management or internal discipline, for the application of penalties, for authorisation, granting or proroguing of exemptions. 

(6) The approvals are formulated, the recomandation and proposals are made, the points of view are formulated, the reports are drawn up and communicated or, if such be the case, published, in conformity with the stipulations of this Act. 

Art. 29. (1) The draft regulations and instructions, as well as their amendments need the approval of the Legislative Council, after which they are adopted by the plenum of the Council of Competition, and applied by order of the chairman of the Council of Competition. 

(2) The regulations of the Council of Competition may be brought before a court of administrative law in the Court of Appeal within the radius of which the claimant resides. 

Art. 30. The Council of Competition shall communicate its point of view on each aspect of the competition policy, upon request from: 

a) the presidency of Romania; 

b) the commissions of parliament, of senators and deputies; 

c) the bodies of central and local public administration; 

d) professional, employers' and trade-union organisations, including the Chamber of Commerce and Industry of Romania; 

e) the organisations for the protection of consumers; 

f) legal courts and public prosecutor's offices. 

Art. 31. (1) To carry out its tasks, the Council of Competition can consult with the National Agency for Privatisation, the State Ownership Fund, the relevant ministries and other public bodies of administration, as well as the employers' organisations, on the privatisation policy and the branch or sector policies, respectively. 

(2) The bodies and organisations provided under par. (1) shall forward to the Council of Competition their point of view within 30 days from the application. The respective point of view shall be attached to the report on the case analysed. 

Art. 32.(1)The Council of Competition shall draw up, yearly, a report on its activity and the way the economic operators and the public authorities observe the rules of competition, in accordance with this Act. 

(2) The report shall be adopted in the plenum of the Council of Competition and then published. 

Art. 33. (1) This Act establishes the following taxes: 

a) tax for the authorization of economic amalgamations; 

b) tax for individual exemptions from understandings, association decisions or concerted practices. 

(2) The authorization tax of economic amalgamation shall be set at a rate of 0.1 per cent of the cumulated turnover of the beneficiaries of the authorized economic amalgamations and shall be calculated on the basis of the turnover for the yearly financial exercise prior to the authorization decision of the economic amalgamation, established in conformity with the regulations of the Council of Competition. 

(3) The exemption tax provided under par. (1) letter b) falls in the annuity category, not being fractional, irrespective of the moment of the year the exemption is granted, prorogued, expired or terminated, or of any other reason, and it is set at a rate of 0.1 per cent of the cumulated turnover of the beneficiaries of the individual exemption; the tax is calculated on the basis of the turnover for the financial exercise of the previous year for which it is due, and it is established in conformity with the regulations of the Council of Competition. 

(4) The sums coming from the taxes provided under par. (1) shall go to the State budget within the respective term and in conformity with the procedures established by the fiscal regulations. 

(5) The sums coming from the payment of tariffs for notifications and applications make up the revenues of the Council of Competition. 

Art. 34. (1) The Office of Competition is hereby established, being a specialized body in the field of competition, subordinated to the Government, with legal personality and the headquarters in Bucharest Municipality, which exercises its tasks in accordance with the provisions of this Act. 

(2) The organization and personnel make-up of the Office of Competition shall be established by Government resolution. 

Art. 35. (1) The Office is headed by the chief of the Office of Competition. The position of head of the Office of Competition is assimilated to that of secretary of state. 

(2) The head of the Office of Competition is seconded by a deputy whose position is assimilated to that of under-secretary of state. 

(3) The head of the Office of Competition or the person he delegates represents the Government in the proceedings of the Council of Competition provided under Art. 21; when deeming that the decision of the Council of Competition could affect a major public interest, the head of the Office of Competition or the person delegated may ask the Council of Competition for a second deliberation. 

Art. 36. (1) With a view to exercising its tasks, the Office of Competition shall draft and adopt its organization and operation regulations, set up its own control and investigation body at central and territorial level, made up of inspectors of competition, experts and other positions provided in the regulations on the payment of the staff in public institutions. 

(2) At territorial level, the Office of Competition shall set up county inspectorates of competition and one of Bucharest Municipality. 

(3) The public position of inspector of competition shall feature three ranks - I, II, III - and its status as regards conditions of appointment and promotion, as well as investiture and ensuing prerogatives, shall be established under regulations adopted by the head of the Office of Competition. 

Art. 37. The Office of Competition has the following tasks: 

a) to carry out, on its own initiative or as a result of a complaint, notification or note, the investigations bearing on the application of the provisions under Art. 5, 6, 13 and 16 of this Act; 

b) to approve the setting of prices in the situations provided under Art. 4 par. (1); 

c) to pursue the application of the legal stipulations and of other rules of law related to the domain of this Act; 

d) to pursue the actual application of the decisions of the Council of Competition and to inform on the situations remarked; 

e) to pursue the evolution of the prices in the economy, to make research in the economic sector where the evolution, the level and the rigidity of the prices or any other like circumstances suggest a restriction of the competition, and to propose measure-taking in conformity with the legal regulations; 

f) to make studies and draw up reports bearing on its field of activity and to supply the Government, the Council of Competition, the public and the international organisations with information on the relevant activity; 

g) to inventory the forms of State aid, to monitor and report in conditions of transparency the State aids granted; 

h) to promote the exchanges of information and experience in the relations with the relevant international organisations and institutions, and cooperate with the foreign and Community competition authorities. 

Art. 38. The provisions under Art.26 par. (1) and (2) and those under Art.31 shall be adequately applied in the Office of Competition as well. 

Art. 39. (1) The discovery and investigation of breaches of the provisions of this Act devolves on the Council of Competition and the Office of Competition that act through specialized control staff empowered to this end. 

(2) In case of infractions provided under Art. 63 par. (1) of this Act, the personnel designated in the conditions of par. (1) shall carry out only the acts reestablished under Art. 214 of the Code of Penal Procedure. 

(3) The Council of Competition and the Office of Competition shall inform each other on the investigations initiated and shall work together in the carrying out of all investigations. 

Art. 40. The Council of Competition or, as the case may be, the Office of Competition orders the undertaking of investigations in conformity with their tasks, in the conditions of Art. 46 of this Act: 

a) ex officio; 

b) following a complaint by a natural or artificial person, really and directly affected by the encroachment of the provisions under Art. 5 par. (1), Art. 6, 13 and 16 of this Act; 

c) at the request of the economic operators or the associated economic operators interested, in conformity with the provisions under Art. 5 par. (2) or of Art. 14 par.(2); 

d) at the request of any of the authorities, institutions, organisations or any of the bodies mentioned under Art. 30 letters a)-f). 

Art. 41. In carrying out the tasks deriving from this Act, the staff of the Council of Competition, respectively the Office of Competition, may request the economic operators or the associated economic operators necessary information, mentioning the legal basis and the purpose of the request, and may set terms for the supply of this information, under the penalty provided in this Act. 

Art. 42. (1) The chief of the Office of Competition or, as the case may be, the chairman of the Council of Competition, shall designate from among the control personnel provided under Art. 39 par.(1) the persons for whom the minister of justice is requested to assign inquiry powers, a search warrant or the power to seize documents or make copies thereof, lay seals and make decisions as per Art. 214 of the Code of Penal Procedure for the investigation of encoachments on the provisions of this Act. 

(2) The personnel provided in Art. 39 par. (1) empowered to investigate the breaches of the provisions of this Act may request statements or any document necessary in carrying out the relevant task, may seal, seize any register, financial-accounting documents or commercial papers or other proofs, handing the person subject to investigation copies of the originals, or giving them the possibility to obtain copies after the original left with them; likewise, the personnel is authorised to perform random inspection the result of which shall be laid down in a report, and to receive, upon convocation or on the spot, information and justifications. 

(3) In case the infraction provided under Art. 63 par. (1) is observed, the investigator empowered as per par. (1) above shall proceed according to the provisions under Art. 39 par. (2) of this Act. 

Art. 43. On the basis of the judicial authorisation issued by presidential ordinance, in conformity with Art. 44, the investigator may proceed to a search: 

a) of the spaces, terrains, transport means of professional use that belong to the economic operators, if there are indications that documents may be found or information obtained deemed necessary in carrying out his task; 

b) of the residence of the heads, administrators, agents or directors of the economic operators subject to the investigation, as well as of the residences of the natural persons running the following services: financial, accounting or marketing, in the conditions provided under Art. 27 par. (3) of the Constitution of Romania. 

Art. 44. (1) The investigators cannot proceed to searches of all places or distraint of documents or laying of seals either than within an inquiry demanded by the chairman of the Council of Competition, respectively by the head of the Office of Competition, with judicial authorization awarded by ordinance by the president of the county court or, as the case may be, of the Bucharest Municipality court in the radius within which the places to be searched are situated, or by a judge delegated by the president. When the respective places are situated within the radius of a different court and the action must be carried out simultaneously in each of them, any of the presidents of the competent courts of law could issue an ordinance to check whether the application is grounded. 

(2) The authorization application must contain all information susceptible to justify the search, and the notified judge shall be held responsible for checking the grounds for application. 

(3) The search and the acts it entails shall be made under the authority and control of the judge authorizing them who has to designate one or several officers of the judicial police to attend the operations and inform him of the process thereof. If certain acts have to be performed outside the radius of the court, the president issuing the ordinance orders a rogatory commission for control by the president of the court in the radius of which the respective acts must be carried out. 

(4)The judge may inspect the places subject to the relevant inter vention, and may any time decide to suspend or cease the search. 

(5) Irrespective of the circumstances, the search cannot begin before 08.00 hours or after 18.00 hours and must be carried out in the presence of the occupant of the place or his representative; only the investigators, the occupant of the place or his proxy and the officers of judicial police may become acquainted with documents and acts before seizing them. 

(6) The inventories and the seals shall be performed according to the rules in the Code of Penal Procedure; the originals of the report and of the inventory shall be forwarded to the judge who has ordered the search, and the documents and acts that are no longer useful in establishing the truth shall be returned to the occupant of the place. 

(7) Against the ordinance mentioned under par. (1), an appeal may be asked from the Bucharest Court of Appeal; the appeal does not suspend execution. 

(8) The chairman of the Council of Competition or, as the case may be, the head of the Office of Competition is informed without delay on the beginning of the search and the operations carried out. 

(9) Throughout the search, in conformity with the above-mentioned regulations, the procedure is fully contradictory. 

Art. 45. (1) The bodies of central and local public administration and any other public institutions and authorities are under obligation to allow the investigative and inquiry staff of the Council of Competition and the Office of Competition to allow access to the documents, data and informations held by them, to the extent they are necessary in carrying out the legal mission of the Council and of the Office of Com peti tion, the character of State or top-secret of the respective docu ments, data and information being not raised as an argument against. 

(2) The investigative and inquiry personnel, having access to the documents, data and information mentioned under par. (1), is bound to strictly observe the nature of State- or top-secret attached to the respective documents, data and information. 

Art. 46. (1) Upon receiving a claim or complaint denouncing, respectively incriminating, an unfair competition practice, the Council of Competition, respectively the Office of Competition, shall examine its de facto and de jure foundation to determine whether an investigation should be started or not. 

(2) If the request or complaint is not fully grounded to start an investigation, the Council of Competition, respectively the Office of Competition, shall reject it, informing the author of its decision in writing, specifying the reasons, within 30 days from the registration of the claim or of the complaint. 

Art. 47. (1) Whenever ordering an investigation to be started, the chairman of the Council of Competition, respectively the head of the Office of Competition, shall designate a rapporteur in charge with the drafting of the report on the investigation, communicating the parties in case about it, receiving observations and presenting the report in the plenum of the Council of Competition, if the case may be. 

(2) The rapporteur designated deals with all the acts of the investigative procedure, suggesting to the chairman of the Council of Competition, respectively the head of the Office of Competition, to take the measures in their power. 

Art. 48. (1) Any investigative procedure requires the hearing of the economic operators participating in the agreement, association decision or concerted practice, or the economic amalgamation that makes the object of the investigation. The hearing is ordered by the chairman of the Council of Competition, respectively the head of the Office of Competition. 

(2) The chairman of the Council of Competition, respectively the head of the Office of Competition, may designate experts and may accept the hearing of the plaintiff or the claimant, on the respective's demand, or at the request of any other natural or artificial person who declares to have information and revealing data useful in establishing the truth in the investigation. 

(3) Failure to be present, or naiving of the hearing, as well as the refusal to make any statement are not deemed impediments obstructing the continuation of the investigative procedure. 

Art. 49. (1) At least 30 days before the date set for the hearing a copy of the report shall be sent to inform thereof the persons whose hearing has been decided as per Art. 48 par. (1). The persons whose hearing has been accepted in conformity with Art. 48 par.(2) shall be served the copy of the report upon request only, and if the chairman of the Council of Competition deems it is in the interest of the investigation. 

(2) The chairman of the Council of Competition may allow the parties in case to consult the file at the secretariat of the Council of Competition and to obtain, against a fee, copies of and excerpts from the documents of the investigative procedure. 

(3) The documents, the data and information in the file in case labelled top-secret or confidential are not to be consulted or copied or excerpted other than by a resolution of the chairman of the Council of Competition. 

(4) In case of an investigative procedure, having as object an economic amalgamation, the stipulations of this Article referring to consulting the file aply to the associates and the executive directors of the entities participating in the amalgamation, to the extent they justify a legitimate interest in the cause. 

Art. 50. After the hearings ordered and, if the case may be, accepted, and after the examination of the parties' observation on the investi gative report, the Council of Competition may decide as follows: 

a) in case of an investigation ordered ex officio or upon notification, bearing on breaches of the provisions in Art. 5 par. (1) or of Art. 6, as the case may be, to order a halt to the unfair practices noticed, to phrase recommendations, to impose on the parties special conditions and other obligations, to assess fines from the economic operators in the conditions provided in Chapter VI; 

b) in case of an application, as per Art. 5 par. (4) to issue a motivated decision granting or refusing an individual exemption for under standing, decision of association or concerted practice requested; 

c) in case of notification, in conformity with the provisions of Art. 5 par. (7) to issue a motivated decision putting or not the understanding, association decision or notified concerted practice in an exempted category. 

Art. 51. (1) Within 30 days from receipt of the notification of an operation of economic amalgamation, the Council of Competition: 

a) shall issue an approval decision when it reaches the conclusion that the notified operation of economic amalgamation does not run counter to this Act; 

b) shall issue a non-object decision when it is satisfied that - although the operation of economic amalgamation notified falls under the incidence of this Act - there are no grounds to reject it; 

c) shall decide to start an investigation when it is satisfied that the operation of economic amalgamation notified falls under the incidence of this Act and poses serious doubts as to the compatibility with a normal competitive environment. 

(2) Within five months at most since the notification of economic amalgamation is received for which the Council of Competition has decided to start an investigation prompted by doubts regarding its compatibility with a healthy competition environment, the Council of Competition: 

a) shall issue a refusal decision, if the operation of economic amal gamation creates or consolidates a dominant position as per Art. 13; 

b) shall issue an authorisation decision if the operation of economic amalgamation does not create or consolidate a dominant position as per Art. 13; 

c) shall issue a decision to establish the obligations and/or conditions to be fulfilled for the authorisation of the operation of economic amalgamation, if it is safisfied that, with some amendments, it could be compatible with a healthy competition environment. 

(3) In case the Council of Competition fails to reach a decision within the terms set in par. (1) and (2), the operation of economic amalgamation notified may take place, the right of the Council of Competition to start an investigation and to make a decision, when and if it is deemed necessary, remaining reserved. 

Art. 52. (1) The measures to suspend or ban averred unfair, anticompetitive practices, as well as the injunctions given to the economic operators to revert to the previous situation shall be taken by the Council of Competition in the application of provisions under Art. 50 and 51 only upon notifying manifestly illicit deeds, unfair prac tices expressly prohibited under this Act which must be unde layedly terminated in order to prevent or stop a serious definite prejudice. 

(2) The measures provided under par. (1) must be striclty limited, both in point of duration and object, to what is necessary in order to amend a manifest and intolerable obstacle to free competition. 

(3) The decisions taken by the Council of Competition in the application of the provisions under Art. 50 and 51 shall be immediately notified to the parties; they may be brought to the administrative court by the Court of Appeal within 30 days since notification. The president of the court may rule, at request, to suspend the carrying out of the decision brought to court. 

Art. 53. (1) The decision taken by the Council of Competition in the application of the provisions under Art. 51 on the operation of economic amalgamation in which a régie autonome is involved shall be notified to the relevant minister. 

(2) Within 30 days from notification of the decision in conformity with par. (1), the Government, at the suggestion of the relevant minister, may take, on its own responsibility, a decision different from that of the Council of Competition motivated by the general public interest. The decision is executory and shall be published together with the resolu tion of the Council of Competition (in the Official Gazette of Romania). 

Art. 54. All arangements, conventions or contract clauses shall be deemed null and void de jure, be they express or tacit, public or secret, referring to an unfair practice prohibited under Arts. 5 and 6 of this Act. 

Art. 55. The following are deemed contraventions and assessed a fine between 2,000,000 and 100,000,000 lei, if not committed under conditions that may put them in the category of infractions, under the Code of Penal Procedure: 

a) failure to notify an economic amalgamation as required by Art. 16; 

b) supply of incorrect or inexact information under the request made as per Art. 5 par. (4) or under notification made in conformity with the provisions in Art. 5 par. (7) or Art. 16; 

c) supply of inexact information or failure to supply the information requested in conformity with the provisions of Art. 41; 

d) supply of documents, recordings or records in incomplete form during the investigations carried out in conformity with the provisions in Art. 42 par. (2); 

e) refusal to accept control in conformity with the provisions in Art. 42 par. (1) and Art. 43. 

Art. 56. The following contraventions shall be assessed a fine from 5,000,000 to 250,000,000 lei, and for economic operators with a turn over upwards of 2,500,000,000 lei a fine going to 10% of the turnover: 

a) encrouching the provisions in Art. 5 par. (1), of Art. 6 or Art. 13 of this Act; 

b) completing an operation of economic amalgamation in breach of the provisions in Art. 16 par. (4); 

c) starting an operation of economic amalgamation declared incompatible with the provisions of this Act by a decision of the Council of Competition, taken in conformity with the provisions in Art. 51 par. (2) letter a); 

d) failure to fulfill an obligation or a condition imposed by a decision taken in conformity with the provisions of this Act. 

Art. 57. The penalties shall be assessed, in case of one of the contraventions provided in Arts. 55 and 56, taking into account the seriousness of the deed and of its consequences on the competition, according to the criteria of the turnover of the offender and the market quota held, scaled according to tranches by norms adopted by the Council of Competition. 

Art. 58. If within 45 days since notification of the decision taken by the Council of Competition, in conformity with the provisions of this Act, the respective economic operator fails to comply with the measures thereof ordered, the Council of Competition may assess the maximum fine provided in Art. 56 or may ask the competent court to rule one of the measures established by Art. 7 par. (1). 

Art. 59. (1) The Council of Competition, respectively the Office of Competition, may compel, under a resolution, the economic operators or the associated economic operators to pay comminatory fines of up to 250,000 lei per each day of delay calculated as of the date set by resolution in order to make them: 

a) supply complete and correct information requested in conformity with the provisions in Art. 41; 

b) accept the control provided in Art. 42-44 of this Act. 

(2)The Council of Competition, respectively the Office of Competition may compel, by resolution, the economic operators or the associated economic operators to pay comminatory fines of up to 750,000 lei for each day of delay, calculated as of the date set under the resolution in order to make them: 

a) observe the provisions in Art. 5 par. (1), Art. 6 and Art. 13 of this Act; 

b) apply the measures listed in a decision taken in conformity with the provisions in Art. 51 par. (2) letter c). 

(3) On the basis of the decision of the Council of Competition, respectively of the Office of Competition, the additional profits made by the economic operators as a result of having encroached this Act shall be confiscated and shall go to the State budget. 

Art. 60. (1) The contraventions provided in this Act shall be notified by the control staff empowered by the Council of Competition, respectively the Office of Competition. 

(2) The penalties for the contraventions provided in Art. 55 letter b)-e) and Art. 56 letter d) shall be applied by the control persons empowered as per par. (1). 

(3) The penalties for the contraventions provided in Art. 55 letter a) and in Art. 56 letters a)-c), as well as the comminatory fines provided in Art. 59 shall be applied by the commissions of the Council of Competition, or, as the case may be, by the Office of Competition, through decisions. 

(4) Complaints may be lodged against the decisions taken in the conditions of par. (3) within 15 days since notification, with the chairman, respectively the head of the Office of Competition, who shall pronounce a motivated sentence. 

(5) The decisions of the chairman of the Council of Competition, respectively of the head of the Office of Competition, taken in the application of the provisions in par. (4) may be brought to the administrative law court of the Supreme Court of Justice, within 15 days from receipt of the notification. 

Art. 61. The contraventions provided in Art. 55 letters b)-e) and in Art. 56 letter d) of this Act shall be completed by the provisions of Law no. 32/1968 on establishing and assessing penalties, with the exceptions of Art. 25-27. 

Art. 62. (1) The decisions issued in conformity with Arts. 50, 51, and 55-60 shall be served to the parties in point by the secretariat of the Council of Competition and shall be published in the Official Gazette of Romania at the expense of the offender or of the plaintiff, as the case may be. 

(2) In publishing the decisions, the legitimate interests of the respective economic operators shall be taken into account, so that the professional secret be not divulged. 

Art. 63. (1) Participation with fraudulent intent and in a determining manner of a natural person, in the conception, organization and implementation of the practices prohibited by Art. 5 par. (1) and by Art. 6 and which are not exempted as per Art. 5 par. (2) or Art. 8 shall be deemed an infraction and punished with six months to four years in prison, or fine. 

(2) Penal action may be initiated at the notification of the Council of Competition. 

(3) The court may order the publication in the press, at the expense of the party found guilty, of the absolute sentence. 

Art. 64. Irrespective of the penalties assessed in conformity with the provisions of this Act, the right of natural and/or artificial persons to initiate penal actions for full reparation of the damages because of unfair practices prohibited in this Act, remains reserved. 

Art. 65. Any person that uses or divulges, to other purposes than those provided in this Act, documents and information of a secret nature, received or learned during service or in connection with the respective service is responsible under the Code of Penal Procedure, and can be bound to repair the damages caused. 

Art. 66. (1) All stipulations referring to the competition, established by special laws, shall be administered by the Council of Competition or the Office of Competition. 

(2) The regulations adopted by the Council of Competition and the decisions it makes are mandatory for the Office of Competition. 

Art. 67. (1) The turnover implied by Art. 8 and 15 is the sum of the revenues deriving from the sales of products and/or services performed by the economic operator during the last financial year, from which the sums are deducted, owed as fiscal obligations and accounting value of the exports made directly or by proxy. 

(2) When an operation of economic amalgamation takes place in the way provided in Art. 11 par. (2) letter b), either by participation to the capital or by purchase of assets of the turnover established as per par. (1) only the sum shall be taken into consideration referring to the participation - shares, registered parts, or, as the case may be, assets that make the object of the transition. 

(3) If, within a period of two years, two or several transactions of the type mentioned in par. (2) take place between the same natural or/and artificial persons, they are deemed a single operation of eco nomic amalgamation, achieved on the date of the latest transaction. 

Art. 68. The turnover is replaced: 

a) for banking companies, credit institutions or financial societies - by the tenth part of the value of their balance sheet; 

b) for insurance companies - by the value of the gross bonuses issued, to include all the sums received or to be received in conformity with the insurance contracts concluded by them or on their behalf, including the houses ceded to the reinsurers, after deducting the parafiscal taxes levied on the bonuses or the total volume. 

Art. 69. With a view to applying the provisions in Art. 8 and 15 without running counter to the provisions in par. (2) and (3) of Art. 67, if one of the commercial companies concerned with the application of the provisions in Art. 8 or Art. 15 belongs to a group of commercial companies, its turnover shall be deemed the cumulated turnover of the societies making up the respective group. 

Art.70. The value ceilings established in conformity with the stipulations of this Act by relation to the turnover shall be periodically updated by order of the chairman of the Council of Competition, taking into account the evolution of the general prices and the tariff index, at an interval no smaller than six months. 

Art. 71. The administrators, managers and executive directors who hold leading or decision-making posts or control positions, directly or by proxies, with the economic operators in the competition are under obligation to notify the Council of Competition of the situation within 30 days from the beginning of the state of fact. 

Art. 72. (1) As far as the wages of the members and staff of the Council of Competition are concerned, the stipulations shall be applied by analogy to Law No. 50/1995 on the wages of the members and staff of the Court of Audit. 

(2) The staff of the Council of Competition and of the Office of Competition shall benefit from the provisions of Art. 29 par. (3) and Art. 33 par. (1) of Law No. 40/1991, reprinted in 1993. 

(3) The staff within the Ministry of Finance, both in the central body and the territorrial network with tasks bearing on prices and the protection of the competition shall be taken over by the Office of Competition by transfer in the interest of the unit. 

Art.73. (1) This Act comes into effect nine months after its publication in the Official Gazette of Romania, with the exceptions of the stipulations regulating the setting up and the organization of the Council of Competition and the Office of Competition, which come into force on the date of publication in the Official Gazette of Romania. 

(2) On the coming into force of this Act, Art. 36-38 of Law No. 15/1990 on the organisation of State economic units as régies autonomes and commercial companies, Art. 4 letter a) of Law No. 11/1991 on fighting unfair competition, and all other contrary disposition are abrogated. 

Art. 74. Within six months since its setting up, but not sooner than the coming into effect of this Act, the Council of Competition shall adopt and apply the regulations and instructions mentioned in Art. 28 par. (2) and (3).