Romania merger control
Produced in partnership with Ţuca Zbârcea & Asociaţii

The following Competition practice note produced in partnership with Ţuca Zbârcea & Asociaţii provides comprehensive and up to date legal information covering:

  • Romania merger control
  • 1. Have there been any recent developments regarding the Romanian merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Romania?
  • 2. Under Romanian merger control law, is the control test the same as the EU concept of ‘decisive influence’? If not, how does it differ and what is the position in relation to 'minority shareholdings'?
  • 3. Are joint ventures caught by the national merger control provisions (including non-structural, cooperative joint ventures)?
  • 4. What are the merger control thresholds and would a purely foreign-to-foreign transaction be caught?
  • 5. Are there any specific issues parties should be aware of when compiling and calculating the relevant turnover for applying the jurisdictional thresholds?
  • 6. Where the jurisdictional thresholds are met, is notification mandatory and must closing be suspended pending clearance?
  • 7. Is there any discretion to review transactions that fall below the notification thresholds?
  • 8. Is it possible to close the deal globally prior to local clearance?
  • 9. Is there a deadline for filing a notifiable transaction and what is the timetable thereafter for review by the RCC?
  • More...

Romania merger control

A conversation with Raluca Vasilache, partner, and Andreea Oprisan, managing associate, at Romanian law firm Ţuca Zbârcea & Asociaţii, on key issues on merger control in Romania.

NOTE–to see whether notification thresholds in Romania and throughout the world are met, see Where to Notify.

1. Have there been any recent developments regarding the Romanian merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Romania?

The most recent amendments to the merger control rules were introduced through the enactment of the Romanian Competition Council Merger Regulation of 20 July 2017 (the 2017 Merger Regulation).

In addition, amendments to the merger procedure are expected by reference to the EU FDI Screening Regulation and review of transactions for state defence reasons, such review being performed by the competition authority acting as contact point.

The competition law currently sets out the obligation to inform the Supreme Council for State Defense (SCSD) of any economic concentration, even if such is notifiable to the competition authority or not or to the European Commission if such requires a review from state defense/national security perspective (certain key sectors of activity fall within the review obligation–see question 7 below). When presented with a notification, the RCC informs the SCSD if the transaction falls within the key defence sectors. If the SCSD concludes that a

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