Retail Market Competition at Risk: AMRCR Responds to ANPC’s Proposal

The Romanian Association of Large Retailers (AMRCR) has issued a statement in response to the National Authority for Consumer Protection (ANPC) proposal to mandate the display of profit margins on food products sold in Romania.

Confidential Pricing: A Key Element of Competition

According to AMRCR, in the retail market, both purchase price confidentiality and commercial conditions are crucial elements of competition. Forcing transparency on individually negotiated prices could have restrictive effects on free competition, ultimately harming consumers rather than benefiting them.

Competition Rules & Market Distortion Risks

The obligation for retailers to display key pricing components—including the purchase price and commercial margin—raises serious concerns: ✅ It violates competition rules and could distort market dynamics ✅ It contradicts national and EU legislation, including:

• Romania’s Competition Law No. 21/1996
• The Treaty on the Functioning of the European Union (TFEU) ✅ The disclosure of purchase prices and commercial markups is classified as "commercially sensitive information". Sharing such data could expose businesses to financial penalties based on turnover

Transparency vs. Competitiveness

AMRCR warns that excessive transparency may reduce competitiveness. ❌ Publishing purchase prices and markups does not enhance consumer awareness ❌ Instead, it could jeopardize fair competition by revealing critical business strategies

European Consultation Needed

Before implementing such a policy, competent European authorities should be consulted, including via the TRIS mechanism. This is essential because such an obligation may create barriers within the market, particularly affecting:

• Foreign suppliers selling in Romania, who cannot be forced to comply
• Romanian retailers, who may face unfair competitive disadvantages against international platforms and non-EU operators, many of whom already do not fully comply with EU and national regulations

Final Conclusion: A Competitive Imbalance

AMRCR emphasizes that under EU and Romanian competition laws, member states and national authorities cannot facilitate or enforce measures that distort market competition.

📢 Forcing price transparency could undermine Romanian retailers while favoring external operators, creating a significant competitive imbalance.