28 March 2025
newsletter
romania
Romania: Changes in merger clearance fees
The Romanian Competition Council (the "RCC") recently revised its Guidelines on calculating merger control clearance fees. The new Annex to the Guidelines now expands the turnover thresholds and increases fees for Phase 1 cases.
Updated thresholds and fees
The Annex establishes a new basis for calculating clearance fees, as follows:
|
Target turnover (EUR) |
Phase 1 |
Phase 2 |
||
|
Non-conditional clearance (EUR) |
Conditional clearance (EUR) |
Non-conditional clearance (EUR) |
Conditional clearance (EUR) |
|
|
< = 4m |
10,000 |
15,000 |
25,001 |
33,000 |
|
> 4m – 25m |
20,000 |
22,500 |
37,000 |
45,000 |
|
> = 25m |
25,000 |
25,000 |
50,000 |
50,000 |
Reasons behind the changes
The RCC's analysis of fees levied between 2021 and 2024 revealed an uneven distribution across merger cases. Most clearance fees amounted to EUR 10,000, with very few cases where other fee ranges were applied. For instance, only 9 % of cases in the previous EUR 10,000-25,000 range reached the maximum level of EUR 25,000.
The RCC notes that the fee adjustments for merger control cases must reflect the increased complexity of the analysis in recent transactions, the principle of proportionality and the efficient allocation of its resources.
Timeline
The new Guidelines entered into force on 25 March 2025, following their publication in the Official Gazette of Romania. Companies involved in merger control cases must now comply with the new rules and factor in a higher clearance fee when assessing the full extent of their filing obligation with the RCC.
authors: Georgiana Badescu, Cristiana Manea,Teodora Burduja.
co-authors
