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NATIONAL COMPETITION BEFORE AND AFTER

ROMANIAS EU ACCESSION

Ana PRUNEA

PhD candidate, University of Oradea Economical Science Faculty

e-mail: ana_pruneayahoo!com

Abstract

"n this paper #e present the main chan$es to the national le$islation competitionalon$ #ith EU accession, #hen there has %een a li%erali&ation of mar'ets, at #hich

time the national institutions responsi%le for the competition #ere forced to ali$n

their standards #ith the standards of the Union! One of sensitive points #hich this

paper #as de%ated, it #as the aid of state %efore and after accession!

(he competition la# #as introduced as a pac'a$e of li%erali&ation measures %ein$

incorporated as in the form of conditions! )doption or consolidation of competition

la# has %een associated #ith mar'et li%erali&ation! "n this paper #e #ill analy&e the

impact of European accession on competition policy! (he studied years are those

%efore and after accession, respectively *++-*++, after that they #ill %e studied

the follo#in$ years after accession until *+.*! /i$hli$htin$ the chan$es that our

country has %een durin$ and after accession, is of special importance in 'no#in$ its

future $oals and possi%ilities of increasin$ the efficiency of the competitive

environment!

Key words competition0 accession0 conditions0 le$islation!

!EL Code ).0 1.!

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Introd"ct#on

(he freedom of competition is an important factor in the proper functionin$ of an

economy, accordin$ to )dam Smith2s invisi%le hand that #ith re$ulatory role in a

mar'et economy! For a normal competitive environment, it #as necessary to create

a stron$ competition policy, #hich is #ell promoted amon$ mar'et participants! )

sta%le and competitive environment may %e affected %y the facilities provided %y

the 3omanian state monopoly holdin$ companies, facilities such as $rants, ta4

e4emptions and dues, so an important chapter in the (reaty of )ccession it #as

$rantin$ the state aid that re5uires some modifications!6ompetition la# #as

introduced as a pac'a$e of li%erali&ation measures %ein$ incorporated as conditions!

(he adoption or consolidation of competition la# has %een associated #ith mar'etli%erali&ation! "n this paper #e #ill analy&e the impact of European accession on

competition policy! (he studied years #here %efore accession in *++-*++,

respectively the follo#in$ period until *+.* #ill %e studied after accenssion! (he

main chan$es of the state aid le$islation constitutes a intensely de%ated topic in this

paper as #ell as the main activities of the competition authorities! (he o%7ective of

this paper is to detect chan$es in the field of competition policy #ithin the Union

accession and the development of competition authorities to o%tain a normal

competitive environment!

De$#c#enc#es #n t%e nat#ona& co'(et#t#on (ocy be$ore access#on

"t #as necessary to implement common policies in competition field #ithin

European Union! )nother reason #as the need to implement a competition

policy representin$ the lac' of national policies in the 8em%er States, #ithout

#hich policies could9t %e hi$hli$hted anticompetitive phenomena and thus affect

the trade %et#een EU 8em%er States! (he o%7ectives pursued %y the competition

policy are restricted to: a supportin$ the internal mar'et and economic

accession0 % the maintenance of effective competition on the mar'et!

(he most sensitive issue %efore accession has %een the State aid and the $rant of

their ailin$ companies #ould %rin$ distortions to competition! (herefore theEuropean 6ommission it #as very strictly #ith re$ard to $rantin$ of State aid

and imposed various conditions that may %e $ranted #ithout causin$ an

im%alance in the mar'et competition! "n *++; in 3omania #ere a#arded state

aids #orth *!< %illion euros, and #as = of >DP, #hile the share of EU did note4ceed .= of >DP?@European 3eport 6oncernin$ State aid! (he tar$eted fields

$rantin$ State aid in the European Union are for research, re$ional development

or the environment! "n 3omania #ere $ranted state aids mainly to su%sidi&e

uncompetitive %usinesses! "n the )ccession (reaty, the European 6ommission

specifies that $rantin$ State aid is allo#ed only in certain fields and only #ith

the notice of the competition authority, the 6ompetition 6ouncil! "t also specifies

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the 6ommission2s desire is to $ive more state aids for research and development,

fe#er for enterprises!

)ccordin$ to the report concernin$ state aid durin$ *++ross Domestic Product @>DP, the ational State )id had

a continuin$ decreasin$ trend, from +!;.= in *++< to +!*+= in *++ and +!.B=

in *++A!? @3eport to State aid in 3omania over the period *++

*+.. the share of the aid increases, re$isterin$ a value of ;!*=! "n *++A it #as

re$istered the lo#est values of state aid, one of the reasons %ein$ the economical

crisis! (he report on $rantin$ the state aid is one of the sustained efforts %y

3omania, in its attempt to ali$n #ith to European le$islation and ta'e part in the

processes of economic li%erali&ation and dere$ulation! Evolution of the situation$rantin$ state aids it is one that meets the conditions imposed %y the Union, and

the areas in #hich they are $ranted also in line #ith the #ishes of the Union!

(hese reports are made annually and have the role of %oth the mar'et

participants and the European Union!

3e$ardin$ the e4istin$ competition policy in our country %efore accession, the

pro%lematic points #ere most pricin$ a$reements %et#een companies #hich

have the effect of reducin$ competition, a%use of a dominant position, the

mer$ers control %et#een firms that may lead to mar'et dominance! For the

economic success of the European 6ommission places a competition policy

throu$h determinant factors, %ut is assi$ned an important role and the

competition authorities are responsi%le for implementin$ this policy! (he

European 6ommission 5uantifies the successful implementation of competition

policy in consumer #elfare!

(he a%use of a dominant position represents an important distortion of

competition, so there #as a needed clear la# #hich specifies the cases #hich

may %e considered a%use of a dominant position! (his chapter has %een

approached in the 3omanian le$islation since .BB

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once #ith the e4istence of economical concentrations, the competitive

environment is dama$ed and cannot function normally!

T%e 'a#n c%an)es o$ t%e co'(et#t#on (ocy w#t% EU access#on

)lon$ #ith the accession process it #as necessary to create a le$al frame#or' to

ensure the normal development of competitive relations %et#een economic

operators! ecause the operation of an economy in #hich the ratio of demand and

supply to re$ulate itself #ithout the intervention of the authorities is difficult to

achieve in practice, it #as necessary to esta%lish certain rules #hose purpose #as to

protect, maintain and stimulate competition in a normal competitive environment!

On < Septem%er .BB

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Economic Forum ran's 3omania lo%al

6ompetitiveness 3eport *++!

Finally, in *++ the efficient implementation of competition la# proved to %e

relatively lo# relatin$ #orld#ide! (op #orld #as dominated %y four European

countries: Finland @. >ermany @*, etherlands @ United 1in$dom @ @Global6ompetitiveness 3eport *++!

(his report ta'es into account other indicators of perception of competition role to

assess mar'et efficiency, such as the intensity of an internal competition, #e ran'ed

on the ;B place! E3D specialists they notice an improvement in the

implementation of competition la#, #ith a third point, reachin$ *!

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an increase re$ardin$ the num%er of initiated annual investi$ations, evolved from .+

in *++< to * in *+.. and in *+.* opened level of investi$ations to %e **! "n the

years *++< - *++A in #hich is specified in the report of the 6ompetition 6ouncil and

the type of investi$ation #e o%serve an increase in the num%er of e4 officio

investi$ations from *-.+ in *++A, #hich hi$hli$hts the intensity of the 6ompetition6ouncil to implement competition policy and adoptin$ a mar'et investi$ation firm

position for o%servin$ any irre$ularities that mi$ht upset the competitive process!

Ie can also see that in *++< have ta'en place only t#o e4 officio investi$ations of

the 6ompetition 6ouncil, *++< %ein$ the year in #hich efforts #ere made to

harmoni&e national la# #ith the EU 6ompetition! (he European 6ommission has

reco$ni&ed the efforts of the national competition authority to achieve the $oal of

accession on . January *++?! @6ompetition 6ouncil 3eport, *++

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competition, thus esta%lishin$ authorities dealin$ #ith re$ulation and mar'et

surveillance!

(he main chan$es that have ta'en place #ith the implementation of Euopean

le$islation in competition matters, have proved to %e %eneficial for

3omanian competitive environment, it came to %e a competitive

environment, #hose participants are #ell informed a%out the competition

policy! )ll these features are due to the competitive environment and

promote the successful implementation of competition policy!

Re$erences

6oman >ior$iu, @*+.., Concuren a n dreptul intern i european , /aman$iu, ucure ti,

p!.++

6o7oc Paul, @.BBA, Concuren a i mecanismele de func ionare i dezvoltare a economiei contemporane, 6lu7 apoca, p!;+

6rKciun a chir Elena,@*++;, Concuren a n Romnia , Pim, "a i,p!*+!

Din$a Emil, @*++;,ratatul de !derare a Romniei la "niunea European# ,3e$ia

)utonoma a 8onitorului Oficial, ru4elles , )ne4a , p!B+

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