The law establishes the legal basis for the protection of competition, prevention and suppression of anti-competitive activities and unfair competition, and the implementation of economic concentrations of enterprises on the market.
The purpose of this law is to regulate relations related to the protection, maintenance and stimulation of competition in order to promote the legitimate interests of consumers.
Regulatory framework of the Republic of Moldova - Law No. 183/2012 on competition
Scope of this law
- (1) The provisions of this law shall apply to acts - actions or inactions, the purpose of which is or the consequences of which are or may be the restriction, obstruction or distortion of competition, as well as to acts of unfair competition committed by:
a) enterprises registered in the Republic of Moldova or in other states, as well as individuals;
b) central or local public administration authorities, to the extent that they intervene in the market through decisions taken or acts approved, directly or indirectly influencing competition, except where such measures are taken in pursuance of other laws or to protect fundamental public interests. - (2) This law shall also apply to persons equivalent to public authorities, exercising public functions or using public property, who are authorized by law to provide public services.
- (3) Undertakings entrusted with the management of services of general economic interest and undertakings having the character of a fiscal monopoly shall be subject to the provisions of this law, and in particular to the competition rules, to the extent that the application of these provisions does not hinder, legally or in fact, the performance of the special tasks assigned to them.
- (4) The provisions of this law shall apply to the acts provided for in paragraph (1), carried out on the territory of the Republic of Moldova, as well as outside it, if they have or may have consequences on the territory of the Republic of Moldova.
- (5) This law does not apply to labor relations.
- (6) The Competition Council is the national body in the field of competition, authorized to apply the provisions of this law in accordance with the obligations established by this law.
- (7) If an international treaty to which the Republic of Moldova is a party establishes provisions other than those provided for by this law, the provisions of the international treaty shall apply.
Basic principles of competition
- (1) The state ensures freedom of entrepreneurial activity, protection of fair competition, as well as the rights and interests of enterprises and citizens from anti-competitive activities and unfair competition.
- (2) It is prohibited for enterprises to use their rights to restrict competition and infringe upon the legitimate interests of consumers.
- (3) Prices for products are established in the process of free competition based on supply and demand, unless a special law provides otherwise.
EU legislation on competition
In the European Union, competition law promotes the maintenance of competition within the European Single Market by regulating anti-competitive conduct by companies to ensure that they do not create cartels and monopolies that would damage the interests of society.
European competition law today derives mostly from articles 101 to 109 of the Treaty on the Functioning of the European Union (TFEU), as well as a series of Regulations and Directives.
Four main areas of competition policy include:
- Cartels, or control of collusion and other anti-competitive practices, under article 101 TFEU.
- Market dominance, or preventing the abuse of firms' dominant market positions under article 102 TFEU.
- Mergers, control of proposed mergers, acquisitions and joint ventures involving companies that have a certain, defined amount of turnover in the EU, according to the European Union merger law.
- State aid, control of direct and indirect aid given by Member States of the European Union to companies under TFEU article 107.
Applying competition law within the European Union also includes rules, enforced by the European Commission and national authorities.
- sectoral rules relevant to specific markets such as energy and the environment, financial services and information communication technologies
- Agriculture, Food & Fisheries
- Arts, Recreation, Education, Tourism & Sports
- Energy & Environment
- Financial services
- Digital, Media & Electronic Communications
- Manufacturing & Basic Industries
- Pharmaceuticals & Health services
- Professional and other services
- Transport
- cooperation with national competition authorities in EU countries to ensure that EU competition law is applied in the same way across the
EU legislation ensures free competition through rules in the TFEU (Articles 101-109) that ban cartels, abuse of dominant positions, anti-competitive mergers (EC Merger Regulation, EUMR), and overseeing state aid (primarily in Article 107 TFEU), all to create a level playing field, boost innovation, and provide consumers with better choices at lower prices within the single market.
Key pillars include prohibitions (Article 101, 02 TFEU), merger control (Merger Regulation), and state aid rules, enforced by the European Commission and national authorities.
Core Principles & Objectives
- Level Playing Field: Ensures all businesses, regardless of nationality, compete fairly.
- Consumer Benefit: Drives innovation, efficiency, wider choice, and lower prices.
- Internal Market Functioning: Prevents national barriers and ensures economic freedom.
TFEU Key Legal Rules
- Article 101: Prohibits agreements, decisions, and concerted practices that restrict competition (e.g., price-fixing cartels).
- Article 102: Prevents abuse of a dominant market position (e.g., predatory pricing, exclusive deals).
- Merger Control: Requires notification and approval for large mergers with "Community dimension"
- State Aid: Generally prohibits government aid but allows exceptions if justified (e.g., public service) and doesn't distort competition excessively.
Enforcement
- European Commission: Investigates and fines infringements (up to 10% of global turnover).
- National Authorities: Cooperate with the Commission (European Competition Network).
- National Courts: Enforce EU rules alongside national courts.
In essence, EU competition law underpins the single market by making sure companies compete, not collude, fostering a dynamic economy.
Legal basis of the Republic of Moldova
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Law No. 183/2012 on Competition
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Law No. 139/2012 on State Aid
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Law No. 231/2010 on Internal Trade
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Law No. 62/2022 on Advertising