Thought Articles

Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through: Dominance 2016, (published in December 2015; contributing editors: Thomas Janssens and Thomas Wessely, Freshfields Bruckhaus Deringer) The abusive behaviour of dominant firms is prohibited by article 6 of the Romanian Competition Law No. 21/1996 (RCL) and article 102 of the Treaty on the Functioning of the European Union (TFEU). Article 6 expressly prohibits the abuse of a dominant position held by one or more undertakings on the Romanian market or on a substantial part of it.

Pillsbury Winthrop Shaw Pittman LLP is delighted to publish this first edition of the Pillsbury World Aircraft Repossession Index. Covering 57 popular jurisdictions worldwide in which aircraft are registered and operate, each one-page summary summarizes the expert analysis provided by reputable local counsel (as well as information from other sources) and, based on seven criteria, numerically scores the legal environment for repossessing aircraft in each participating jurisdiction. As a further comparative tool, this publication also includes a world map depicting each participating jurisdiction in a color determined by its overall score.

Reproduced with permission from Law Business Research Ltd. This article was first published in The Mining Law Review - Edition 4 (published in October 2015 – editor Erik Richer La Flèche) Before 1989, when the Communist regime fell, mineral resources in Romania were exploited by state-owned companies. Although these exploitations were advertised as big economic successes of the Communist governments, in reality, most of them were using outdated technology and some caused significant pollution in the mining perimeters. Moreover, in the context of Romania’s negotiations to join the European Union, some of the mining exploitations had to be shut down as they were far from being compliant with European environmental standards. Romanian governments became aware that some of the mining exploitations could not be further operated without capital injections necessary for financing the acquisition of new technology and environmental investments. In the last few years, the Romanian government has tried (unsuccessfully) to revitalise several mining projects in its effort to boost the Romanian industry and create workplaces.

Reproduced with permission from Çakmak Yayınevi ve Medya Limited Șirketi. ÇAKMAK PUBLISHING is pleased to publish this 2015 edition of the Global Renewable Energy Guide, which has been published annually since 2010. The Global Renewable Energy Guide has been designed to provide an overview of the applicable legislation and the incentives available to renewable energy companies worldwide, and to help investors, lenders and government agencies understand and compare the conditions applicable in 32 jurisdictions around the World. Under Romanian law, renewable energy comprises the energy generated from the following sources: (i) wind; (ii) solar; (iii) aero thermal; (iv) geothermal; (v) hydrothermal and ocean energy; (vi) hydraulic energy; (vii) biomass; (viii) landfill gas; (ix) sewage treatment plant gas; and (x) biogas.

Reproduced by kind permission of LexisNexis - Lexis®PSL Competition. The latest amendments to the merger rules were introduced in June 2015 and give the Romanian Competition Council (RCC) the power to modify the turnover based thresholds that trigger mandatory notification of economic concentrations. This means that the RCC now has the flexibility to adjust the value of the thresholds based on the socio-economic context. Adjustments can be made to the thresholds after obtaining the approval of the Ministry of Economy, Trade and Tourism.

This article appeared in the 2015 edition of The International Comparative Legal Guide to: Private Equity; published by Global Legal Group Ltd, London. The International Comparative Legal Guide to: Private Equity provides the international practitioner and in-house counsel with a comprehensive worldwide legal analysis of the laws and regulations of private equity. As a general feature, Romania is a market with significant potential, still being a rather emerging market; this potential for growth, combined with the controlled operating framework ensured by its membership to the EU create an attractive balance for investors. The increased availability of financing in the past years was also a key driver for PE transactions. Notably, the IT field benefits from a favourable tax regime – being one of the most ascending business areas; also, the major recent decrease of VAT on food and beverages is expected to give a an additional boost to the retail industry.