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Benchmarks harmonization of national legislation with European competition law. Brief analysis on procedural aspects of competition law

Cristina Anca Paiusescu and Madalina Cazan –Balasa ()
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Madalina Cazan –Balasa: Dimitrie Cantemir Christian University

Social-Economic Debates, 2014, vol. 3, issue 1, 73-78

Abstract: The particularity of Community competition law is that the legal system is directly applicable in the Member States, with all the provisions which contains, in almost all cases, the regulations and Community legislation in their entirely, without requiring special measures for implementation. Therefore, the Member States of the European Union competition law is fully harmonized and the central role in this system is occupied by the European Commission, a body that brings together both regulatory and control functions. Thereof, the competition rules of national law of the Member States shall not conflict with the community, both in their application or in the way they should be interpreted. As a result, Romanian legislation transposes, almost entirely, the acquis communautaire in the field of competition and state aid. Simultaneously, the Romanian authorities are required to correctly apply these provisions in the spirit and interpretation made by The European Community, this obligation being resting, on an equal basis, to all courts.

Keywords: competition law; European Union; harmonization of legislation; competitive procedures (search for similar items in EconPapers)
JEL-codes: K22 (search for similar items in EconPapers)
Date: 2014
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