The Competition Council has developed the Guide on the compliance with the competition rules of the associations of companies in order to increase the awareness regarding the compliance with the rules in the field of competition and to offer practical advice in this regard.

The establishment of associations and the memberships of companies in such associations are perfectly compatible with competition law, but there is a risk of creating a favorable framework for anti-competitive agreements.

For competitors, participating in the activities of associations is a way to meet regularly and discuss, taking into account their common interests. Even if these meetings or discussions have a legitimate purpose, that of achieving the objectives of the association, they should not follow or lead to the coordination of the commercial behavior of the member companies of the association.

“The role of professional associations is very important: they must get involved and verify the strict observance of professional ethics rules and quality standards, depending on the specific of each field. However, this must be done without any reference to the commercial policy of companies, especially regarding prices,” said Bogdan Chiriţoiu, president of the Competition Council.

As a result, the Guide includes both concepts specific to the competition regulations, as well as a description of the typical cases for which the liability of the association can be drawn. At the same time, the document includes examples from the practice of the Competition Council in Romania, as well as other Competition Authorities, as well as a series of recommendations for avoiding infringement.