Abstract:

Romanian Commercial Code states in Article 7 that "are considered traders those who carry out buy/sell operations having trade as their usual profession, and also the trading companies”. This regulation divides traders into two categories, i.e. individuals carrying trade activities, as business professionals, both independently as well as part of family businesses, and also state-owned, private or mixed companies. Though at the base of traders’ activity lays the principle of autonomy, participation of economic agents requires the existence of conditions necessary to achieve an adequate legal framework. Because of this aspect, commercial legislation entails certain specific trade obligations in order to protect the interests of participants in the judicial system of trade. The study concentrates on the knowledge potential investors possess of the legal framework of competition in Romania, of the unfair practices under this aspect, of the interdictions imposed by the dominant positions on the market, as well as the possible potential sanctions. Additionally, we discuss aspects concerning the position of the Chamber of Industry and Commerce or, ex officio, of the control personnel empowered for this purpose by the Competition Council, as well as the obligations to notify them in certain circumstances. Also of great interest for investors are the cases when there are exemptions from applying sanctions, for example in case of mergers.