Description of the Competition Council
The Competition Council is an autonomous authority, subordinated to the Parliament, which ensures the enforcement and observance of the legislation in the domain of competition, state aid and advertising within its competences. The Competition Council is the successor of the National Agency for Protection of Competition (2007-2012).
The goal of Competition Council is to ensure the observance of competition legislation through actions of preventing anticompetitive practices, removal of competition infringements, promoting and improving the competition culture.
The establishment of fair competition environment is an important mission, since only the common efforts of the business environment, state's authorities, mass-media, civil society and Competition Council may maintain a fair competition environment.
According to Article 35 of Law no. 183 of 11.07.2012 the Competition Council consists of the administration, executive body consisting of specialized and operational subdivisions, and territorial branches. The administration consists of the Competition Council's Plenum.
The Competition Council Plenum is a collegial body and consists of 5 members, including the One President of the Plenum of the Competition Council, two Vice Presidents of the Competition Council Plenum, and two members of the Competition Council Plenum who are respectively President and Vice presidents and members of the Competition Council.
Competition Council Plenum members fulfill public dignity functions. The Competition Councils staff consists of specialty, which falls under the law No.158-XVI as of 4 July 2008 on the public service and public servant status and technical staff.
The Competition Council is entitled with power of decision, regulation, prohibition, intervention, inspection and sanctioning, in the limits set up by the legislation.
Article 39 of Law no. 183 of 11.07.2012 provides following main tasks lie within the Competition Council competence:
a) Promotes the competitive culture;
b) Drafting the necessary normative acts for enforcing the competition legislation, legislation on state aid and advertising, in the limits of its competence;
c) Endorsement of the draft normative and legislative acts which may have anticompetitive impact;
d) Addressing to competent bodies on the incompatibility of the legislative and normative acts adopted with the competition legislation, legislation on state aid and advertising, in the limits of its competence;
e) Investigation of anticompetitive practices, unfair competition and other infringements of the legislation regarding the competition legislation, legislation on state aid and advertising, in the limits of its competence, provided for by the present law;
f) Ascertains the infringements of the legislation regarding the protection of competition, advertising and state aid, applies interim measures as to the termination of the infringements denounced and enforces sanctions for the commitment of the infringements, within its competence;
g) Adopts decisions of the economic concentrations covered by the present law.
h) Exercise the authorization, monitoring and reporting of the state aid;
i) Initiates actions in the court on cases within its competence;
j) Carries out other task in compliance with the competition legislation, legislation on state aid and advertising, in the limits of its competence