Press release regarding the proposed ANPC Order on the Commercial Surcharge – Negative impact on online commerce and economic freedom
PRESS RELEASE
Ref: ANPC Order Proposal on Commercial Surcharge – Negative impact on online commerce and economic freedom
📍 Constanta, March 21, 2025
The Tiamat.ro platform expresses its deep concern regarding the proposed Order of the President of the ANPC regarding the obligation of merchants to display the commercial markup applied to products sold online , considering that it:
📌 Violates the principles of fair competition
📌 Affects the rights of small and medium-sized traders
📌 Imposes unjustified administrative barriers
📌 Does not comply with European and national legislation on digital commerce
1. Conflict with online commerce legislation
✅ Law no. 365/2002 on electronic commerce guarantees the principle of economic freedom and the protection of commercial data . Forcing traders to disclose the commercial mark-up contravenes this principle, providing strategic information to competitors and affecting the mechanisms of the free market .
✅ EU Regulation 2019/1150 protects online traders against measures that may affect competitiveness . The order proposed by ANPC risks reducing the diversity of the offer and artificially increasing prices.
⚖️ Relevant case law:
🔹 Case of Ahmet Yildirim v. Turkey (ECHR, 2012) : Restrictive measures imposed on online activities must be clearly defined and proportionate.
2. Violation of competition law and the risk of collusion
✅ Competition Law No. 21/1996 prohibits measures that may lead to tacit price alignment . If all companies are required to display the commercial mark-up, this favors tacit agreements between competitors and may eliminate real competition.
⚖️ Relevant case law:
🔹 Eturas v. Competition Council (CJEU, 2016) : The CJEU established that any measure that facilitates price coordination between economic operators may infringe competition rules.
3. Excessive burden on small and medium-sized traders
📉 The ANPC order creates an administrative barrier that will disadvantage SMEs and independent traders in favor of large retailers.
✅ Directive 2006/123/EC on services in the internal market requires Member States to avoid disproportionate regulations that may affect market access for smaller economic operators.
⚖️ Relevant case law:
🔹 Airbnb Ireland UC v. French Consumer Protection Authority (CJEU, 2020) : The CJEU protected the right of online platforms to operate without excessive administrative barriers .
4. Conflict with the EU Digital Services Regulation (DSA)
✅ Regulation (EU) 2022/2065 on Digital Services imposes proportionate transparency measures, but does not oblige platforms to disclose the exact pricing structure .
⚖️ Relevant case law:
🔹 Google Shopping (CJEU, 2021) : The CJEU has established that the rules imposed on online retailers must be balanced and not create distortions in competition .
5. Lack of an economic and social impact analysis
✅ Law no. 24/2000 on legislative technical norms provides that any normative act must be accompanied by a clear analysis of its impact on the economy . The ANPC Order does not present an impact study justifying the imposed measure.
📊 Direct negative consequences:
🔴 Increasing costs for merchants
🔴 Decreasing diversity of products offered online
🔴 Elimination of real competition in the market
🔴 The possibility of Romania being sanctioned at the European level
🔴 CONCLUSIONS AND REQUESTS
🚨 The TIAMAT.RO platform requests the withdrawal of this order and the organization of a real public consultation with online merchants and digital law specialists.
✅ Alternative proposals:
1️⃣ Applying the rule only to large companies , to protect SMEs.
2️⃣ Introducing a longer implementation period to adapt to the new requirements.
3️⃣ Conducting an economic and legal impact analysis before adoption.
4️⃣ Involvement of competition authorities and online retailers to identify viable solutions.
📩 For details and collaborations, contact:
✉️ contact@tiamat.ro
🌐 www.tiamat.ro
🚀 We defend online commerce and economic freedom!