New Competition Law of the Republic of Moldova: Prospects and Concerns
Austrian Competition Journal, No. 6, pp. 210-218, 2013
9 Pages Posted: 4 Mar 2014
Date Written: 2013
The summary analysis of the major substantive and procedural provisions of the new competition law demonstrates that Moldovan Competition Act (MCA) is generally in compliance with the relevant EU competition rules and principles, as it corresponds to community legislation, regulations, guidelines, case law and best practices. Moreover, the MCA contains some of the most advanced legal constructs, such as those discussed and adopted in the ECN working groups. The specifics of the Moldovan legal system and the involvement of the EU experts in the process of drafting the new competition law have resulted in a very thorough and detailed legislation, both on the matters of substance and procedure. While it provides a high degree of clarity and legal certainty to those affected by its enforcement, the MCA appears to be very demanding as far as technical and institutional capacities of the CC are concerned. Both the qualitative (complex economic assessment, detailed regulation of the applicable economic tests, etc.) and quantitative (the amount of tasks and procedural steps in exercising investigative and sanctioning powers, combination of the enforcement of antitrust, merger control and unfair competition rules in a single authority) aspects of the competition law enforcement under the new legislative framework will present a significant challenge to the newly established Competition Council (CC). It remains to be seen whether the CC’s human, financial, technical and administrative resources would lead to a coherent and effective enforcement of competition rules in Moldova.
Keywords: abuse of dominance, anti-competitive agreement, competition law, merger control, Moldova, competition authority
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