26 OVIDIU – HORIA MAICAN
The activity of organizing the market following a competitive system requires
especially the independence and the decentralization of the production,
distribution and of the consumption. The administrative constraints (limitations)
should not interfere with the private individual initiative.
At the same time, it is interesting also the fact that the policy of the state
related to the redistributing of the income according to criteria which are
independent of the actual contribution of each trader, can positively influence the
According to a comprehensive characterization, the competition is the fight
lead at a national and international level, between the companies (firms,
enterprises) of production, services, banking, commercial, transports etc. in order
to obtain even higher returns, as an effect of capturing even higher shares of the
market and, as consequence, of increasing the business volume. 7
The definition comprises both the confrontation between the rightful subjects,
and the common tendency of obtaining benefits.
A Romanian author considered that “by competition it is understood the fight
for obtaining and maintaining the customers.” 8
Another Romanian author stated about competition that “it is a struggle, often
a bitter one, between the economic agents, which pursue the same activity or a
similar activity, in order to acquire, maintain and to expand the clientele.” 9
A very well known French author formulated a seemingly definition,
according to which the competition is “the rivalry between the economic agents
searching and trying to maintain their customers.” 10
In the opinion of OCDE, the competition is “the situation on a market, in
which the companies or the sellers are struggling independently in order to gain
the clients, in order to achieve an economic objective, for example, profits, sales, or
market sharing. In this context, the competition is often equivalent to rivalry.
This rivalry can relate to price, quality, services or a combination of these, or
other factors, which the clients value.”
As a conclusion, it can be stated that by competition can be understood the
confrontation between the traders (economic agents) having similar activities or
seemingly, exercised within open areas of the market, in the purpose of winning
(attracting) and conserving (maintaining) the clientele, as well as in the purpose of
capitalization (making efficient) the activity of his own enterprise. 11
6 O. C?p?̲ân?, op. cit., p 271.
7 O. C?p?̲ân?, op. cit., p 271.
8 I. L. Georgescu, Drept comercial român, vol. I, , Ed. CH Beck, 2002, Bucureşti p. 585.
9 I. B?canu, Libera concuren̲? în perioada de tranzi̲ie spre economia de pia̲?, “Revista Dreptul”,
nr. 9-12/1990, p. 50.
10 J. Azema, Le droit français de la concurrence, Ed. 2, ED. PUF, 1989, Paris, p. 17.
11 O. C?p?̲ân?, op. cit, p. 273.