The guide on compliance with competition rules by associations of companies is now available, being developed in order to raise awareness of compliance with competition rules and provide practical advice in this regard, announced the Competition Council.
“For example, the document explains that the establishment of associations and the membership 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. Thus, for competitors, participation in the activities of associations is a way to meet regularly and discuss issues related to compliance with the rules of professional ethics and quality standards, depending on the specifics of each field. Even if these meetings or discussions aim at fulfilling the objectives of the association, they must not lead to the coordination of the commercial behavior of the member companies of the association,” it is shown in the release of the Competition Council.
The guide contains both concepts specific to competition regulations and 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 Romanian Competition Council, but also of other competition authorities, as well as a series of recommendations to avoid breaking the law.
The document also includes a set of recommendations for the adoption and implementation of compliance programs at the level of associations, as well as the ways to notify the Competition Council in case of possible anti-competitive acts.