Proiecte Justitie Training Legislatie UE anti-cartel & anti-monopol Seminar I, 30 mai - 1 iunie Seminar on European competition law organized in the context of the “EU Anti-cartel and Anti-monopoly Law – Training for Romanian Judges” project: May 30th - June 1st, Sinaia
Seminar on European competition law organized in the context of the “EU Anti-cartel and Anti-monopoly Law – Training for Romanian Judges” project: May 30th - June 1st, Sinaia


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Bucharest, June 5th, 2012


Last week took place the first training seminar of Romanian judges on the subject of competition law.

22 judges from tribunals and courts of appeal were present.

 

The foreign and Romanian experts presented specific aspects of competition law, as well as legislative aspects in European and Romanian contexts.

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The seminar was opened Wednesday, 30 of May, by Cristina BUTACU, Commercial and Administrative Law Department, Competition Council. The presentation of Mrs. Cristina Butacu was concentrated on defining anti-competition practices forbidden by both European and national legislations (Article 101 and 102 from TFUE; Article 5 and 6 from the National Competition Legislation): agreements, association decisions, concerted practices and dominant power abuse. Mrs. Butacu constructed her presentation using examples from the specific jurisprudence.

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The second day of the seminar opened with the presentation of Mr. Daniel Gavril OLAR, Assistant professor, University of Oradea, Faculty of Juridical Sciences. Mr. Olar presented the vertical restrictions of competition law. The restrictive practices of competition have three main manifestations, i.e. agreements between economic agents, decisions of economic agents associations and concerted practices. By the position of the involved parts in the production or distribution processes of goods or services, one can distinguish between horizontal restrictions of competition, in which economic agents placed at the same level of production or distribution are participating, and vertical restrictions of competition, which imply economic agents at different levels.

Usually, the decisions of economic agents associations and the concerted practices manifest as horizontal restriction of competition, while agreements between economic agents can produce both vertical and horizontal restrictions of competition. The practical interest of the issue of vertical restriction of competition implies the determination of, as well as the grade in which, agreements on the distribution of goods and services, which almost inevitably involve competition restrictions, are compatible with the legislation.

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Mrs. Diana UNGUREANU, INM Trainer, initial training in Commercial law, judge, Piteşti Court of Appeal, closed the day with a presentation on the current jurisprudence of the European Union Justice Court in the field of competition. There were presented cases and rulings, relevant for national jurisprudence as well, the Court`s ruling from 10 september 2009 in the case file C-97/08 P Akzo; the Court`s ruling from 3 september 2009 în in the case file C-327/07 P Bolloré ; the Court`s ruling from 4 june 2009 C-8/08 T-Mobile ; the Court`s ruling from 6 october 2009 C-501/06 P GlaxoSmithKline.

 

The third day of the seminar was covered by two foreign experts, lawyers at renowned law firms from EU: Petar CIMENTAROV, CONTRAST European and Business Law, Zaventem, Belgia and Dr. Ádám MÁTTYUS – Partner Kinstellar’s Budapest office, Firm wide Head of Competition/Anti-trust Practice, Hungary.

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The presentation of Mr. Cimentarov was concentrated on describing the role of national courts in applying competition law, while Mr. Mattyus provided as examples recent evolutions in what concerns the application of competition law by the competent authorities and courts.

 

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