The paper presents the way in which the European Commission applied the transaction procedure in its second case ended by a transaction – case COMP/38866, Animal Feed Phosphates. This is the first case (and the only one so far) in which the Commission ended the investigation by a transaction even if only some of the parties under investigation transactioned (the so-called hybrid case).

Audio-visual rights, named common TV rights, experienced a great development în the last decade. Management either individually or collectively of such rights has generated huge revenues for sports bodies (federations, leagues, clubs) as well as specific issues of competition law and intellectual property both nationally and internationally. In European football these issues have acquired a special connotation and Commission decisions are a go...

This article represents the first part of a series dedicated to the resolution and resiliation of contracts under the new Civil Code. In this first part the authors review several novelties regulated by the Civil Code concerning mainly the notion and conditions of contract resolution, but also confront issues on which the legal doctrine has had under the previous regulation and continues to have incongruent interpretations (such as the condit...

The article is looking at the new Civil Code’s regulation of the funds deposit. The new legal framework sets out certain principles for the operation of the funds deposit agreement, providing for rights and obligations of the deponent and of the depository credit institution. Since the ownership over the amounts placed in deposit is transferred to the depository credit institution, the latter may freely dispose of these amounts in accordance wi...

The reform of state-owned enterprises’ corporate governance through the Government Emergency Ordinance no. 109 from December 14, 2011 is mostly noticed as the promoting the „private management” of these entities. However, considering the imminent privatization of significant state-owned enterprises, the legal cornerstone of the reform relates rather to the improvement of minority shareholders protection and to the enhancement of these entitie...

The article starts from different factual situations in order to draw the attention over a practice that is widely spread and clearly illegal: the factual misappropriation of immovable assets especially plots of land, for the construction in an undefined future of public interest objectives. Every day, in every important city of Romania, the provisions of Article 1 of the 1st Protocol of the European Convention for Human Rights are manifestly b...

This present article is intended to make a comparative analysis between a special mitigating circumstance which was introduced in 2010 in the Competition Law no. 21/1996, republished, with further amendments, and other legal institutions available both at the level of the national legislation in the competition field as well as the level of the European legislation in the context of the establishment of the sanction by the competition authori...

This article proposes a view on the impact of the New Civil Code on a credit instrument of Anglo-Saxon origin – the overdraft which was regulated, until the coming into force of the new code, only by BNR (National Bank of Romania) norms, mainly aiming at prudential aspects. As a consequence, the credit institutions had a greater liberty for establishing the related obligations, a liberty which, used while ignoring the norms of the New Ci...

National Tax Administration Agency started an extensive campaign to register ex officio, for the purpose of collecting VAT, of persons who receive income from intellectual property rights.The interpretation given by the tax authorities to some legal diffuse texts affects hundreds of writers, artists, architects, journalists and representatives of other socio-professional categories that have earned revenues in return fo...

This article approaches an old story which started in September 2009 and which, for at least two years, was the priority of fiscal control in Romania: the VAT regarding real property transactions. The article does not focus on the material law norms concerning the imposition of VAT, but on the law principles that should be taken into account when construing the fiscal legislation prior to 2010 and, impliedly, that should be considered by the n...