Adherence to the Principle of Proactivity to Ensure a Healthy Competitive Environment
Adherence to the Principle of Proactivity to Ensure a Healthy Competitive Environment

Author(s): Manuela Niță
Subject(s): Law, Constitution, Jurisprudence, Law on Economics, Commercial Law, Administrative Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: proactivity; cartel; abuse of dominant position; anti-competitive practice;
Summary/Abstract: The frequency of the infrigement of competition rules by committing anti-competitive practices, led the competition authorities, both national and European, to identify both measures to prevent possible anticompetitive practices and measures to identify and sanction such serious deviations from normal conduct, healthy in business. In the field of competition, we find a rich legislative package, but practice has shown that beyond normativity, in order to be effective, a proactive attitude of companies is also needed, and in this study, we proposed to realise a depth analisys regarding this isuess. The principle of proactivity in the matter of competition is neither promoted nor respected enough, as is natural, so that companies in their actions refrain from any action/inaction that could endanger the competitive market. In our research, we want to show the concrete ways in which this principle is respected, who is competent for its application and what are the effects on the competitive environment. We will also show what is the role of the competent authority and its degree of involvement in this issue, identifying possible solutions that could be implemented to give added value to this principle.

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