Law on Protection of Competition in the Republic of Moldova

Competition Law No. 183 is intended to regulate relations related to the protection, preservation and promotion of competition to promote the interests of consumers.

In accordance with art. 10 of the Law No. 183 are considered that one or more companies in the relevant market dominate in a situation where their rate or combined share in the relevant market, during the period under review, more than 50 percent.

Also Law No. 183, in Chapter IV introduces the concept of economic concentration.

In accordance with art. 20, economic concentrations take place if the amendment for an extended period of control occurs as a result:

a. a merger of two or more previously independent undertakings or parts of previously independent companies;

b. acquisition by one or more persons already controlling at least one undertaking, or by one or more companies by purchasing securities (shares) or assets, by contract or otherwise, direct control or indirectly to one or more undertakings or parts thereof, including by establishing a joint venture, which made for a long time, all the functions of an independent economic entity.

Also, in accordance with Art. 22 of the Law No. 183, economic concentrations will be assessed and reported to the Competition Council before implementation, when the total turnover of the undertakings concerned in the preceding year exceeds 25 million MDL, and there are at least two companies involved in the transaction, the total turnover realized in Republic of Moldova for operations of last year 10 million MDL, each separately.

The consultant draws the attention that the Law in art. 54 establishes the right to request information in writing to the Competition Council, specifying the legal basis and purpose of the request, requested information, a reasonable time in which information should be provided and indicate the legal sanctions for failure to provide information or providing information inaccurate, incomplete or misleading.

Businesses and business associations cannot be compelled to admit that they have committed a violation, but they are required to answer factual questions and to provide documents and information, even if the documents and information may be used against them or another company to establish a violation.

Obligation to provide the information requested on behalf of the enterprises or association of enterprises is owned by the owners or representatives of commercial enterprises or associations of enterprises, and in case of legal persons and companies and associations which do not have legal status - persons authorized to represent them by law or by statute.

Also, in accordance with its obligations Competition Council has the right to interview any physical or legal person, with his consent, in order to obtain information about the investigation.

If the Competition Council employees want to interview people, before the interview they must indicate the legal basis (the order of initiation of the investigation the Competition Council) and to study its intention to monitor and record a person's right to refuse the interview.

In accordance with the art. 67 and 68 of the Law No. 183 of exemption from Criminal Code penalties are established for violations of substantive and procedural rules of competition law and determined in accordance with the Law No. 183.

a) low gravity acts: the basic level is determined in the amount of up to 0.15 percent of total turnover in accordance with art. 67;

b) moderate acts: the basic level is determined at the rate of 0.15 to 0.25 percent of total turnover in accordance with art. 67;

c) serious acts: the basic level is determined at the rate of 0.25 to 0.45 percent of total turnover in accordance with art. 67.

Decisions, regulations and orders of the Competition Council may be appealed in accordance with Art. 41 of the Law No. 183, within 30 calendar days of receipt directly to the competent administrative court.

The full text of the Regulations can be found at the following address:

In Russian | In the state language

Parliament Act on Competition Legislation No. 183 as of 11.07.2012, published in Monitorul Oficial 193-197/667 as of 14.09.2012.

Law enters into force after publication, except provisions regarding the approval of the company obligations which take effect as of 01.01.2015.

Since its entry into force shall be deemed null:

Law on limitation of monopolistic activity and competition development No. 906 as of 01/29/1992

Competition Law defense No. 1103 of 30.07.2000.


 

Law on Amendment and supplementation of the Code of Administrative Offences of the Republic of Moldova

By Law on Amendment and supplementation of the Code of Administrative Offences of the Republic of Moldova no. 208 as of 17.11.2016 (which will come into force on 16.03.2017) was modified a fine amount of conventional unit, so that, from the date of 16.03.2017 a conventional unit will be equal to 50 lei, which will cause the essential change of imposed fine amount.

The Provisions of the Approval on Obligations, which are Offered by Enterprises

In accordance with the Decision of the Plenum of the Competition Council No.2of January 22, 2015, the Competition Council approved the "Provisions of the approval on obligations, which are offered by enterprises."



Under the clause c) of paragraph (1) of Article 41 and paragraph f) (6) of Article 46 of the Competition Law No.183 of July 11, 2012, in order to implement the Commission Communication on the corrective measures, that are acceptable under Council Regulation (EU) No. 139/2004, and on the basis of Council Regulation (EU) No. 802/2004 (2008 / C 267/01), published in the Official Journal of the European Union C-267/1 of October 22, 2008, the Plenum of the Competition Council approved the Provisions of the approval on obligations, which are offered by enterprises.

Regulation of Electronic Documents Management

Parliament of the Republic of Moldova adopted the Law on electronic signature and electronic document. The law establishes the legal status of electronic signatures and electronic documents, including the basic requirements for their validity and for certification services. (Law on Electronic Signature and Electronic Document №91 from 29.05.2014).

Changes and Additions to the Law on Internal Trade

The Parliament of the Republic of Moldova adopted the laws, which introduce changes and additions to the article 8 of the Law on internal trade No. 231 as of 23.09.2010. (Law No. 41 as of 21.03.2013 on introducing some legislative acts and Law No. 42 as of 21.03.2013 on introducing changes and additions to the article 8 of the Law on internal trade No. 231 as of 23.09.2010).

Law on State Control over Business Activity

As of first March 2013 comes into force the Law on State control of business activity.(The Law of the Parliament of the Republic of Moldova No. 131 as of 08.06.2012 on State control of business activity).

© 1997-2016 Law Firm "Brodsky Uskov Looper Reed & Partners"

SEO Promotion sem/seo/aso promotion

Brodsky Uskov Looper Reed & Partners is the largest company of legal advising and consultancy in the Republic of Moldova. It offers expertise in local and international jurisprudence and legal practice in matters related to business activities, interactions with state bodies, real estate, investment and other legal matters. The company a team of professional lawyers that provides paralegal services and legal assistance in business related domains like international companies registration, investment policies and juridical aspects, as well in other law suit assistance in domains like employment law, insurance law, probate law, family law, real estate jurisprudence and bankruptcy related services. Brodsky Uskov Looper Reed & Partners offers legal support and juridical consultancy services for local and foreign companies and their representations. It has a team of experienced attorneys and experts that provides legal consulting in issues of investments, project financing and representation of the companies in the relations with the local government and other state entities.