The European leniency policy as a mechanism for protecting the rights and legitimate interests of bona fide entrepreneurs in the context of the provisions of the status of a candidate country for the accession of the Republic of Moldova to the European Union

Abstract

The economic development of a state is impossible without ensuring a favorable investment climate, without ensuring non-discriminatory conditions for conducting business, including by ensuring fair competition between entrepreneurs and commercial companies.The Association Agreement between the Republic of Moldova and the EU states that "The Parties recognize the importance of free and undistorted competition in their commercial relations. The parties recognize that anti-competitive business practices are likely to distort the proper functioning of markets and reduce the benefits of trade liberalization." Starting from the assumed obligations, including the requirements regarding the harmonization of national legislation, in 2012 the parliament of the Republic of Moldova elaborated and adopted the new competition law no. 183/2012, the normative act invoked being, at that stage, an absolutely innovative one, succeeding a series of previous normative acts intended to regulate relations in the field of competition. The provisions of the analyzed law establish new approaches and attitudes, including principles, procedures and mechanisms, taking over the provisions of articles 101-106 of the Treaty on the Functioning of the European Union (TFEU). The law establishes the legal framework for the protection of competition, including the prevention and countering of anti-competitive practices and unfair competition, the realization of economic concentrations on the market, establishes the legal framework regarding the activity and competence of the Competition Council and the responsibility for the violation of the legislation in the field of competition. The main purpose of competition policies is to prevent companies from committing anti-competitive acts. Following this objective, most of the member states of the European Union have allocated powers to the national competition authorities/agencies in order to achieve two main objectives: ensuring the dissuasive effect of sanctions in order to prevent the commission of anti-competitive acts and taking the necessary measures in order to stop them. Our legislator took over the same positive practices adopted at the EU level and in the Competition Law regulated Leniency in art. 84. The article is dedicated to the analysis of the main provisions aimed at the leniency policy applicable in the Republic of Moldova, revealing the essence of this institution, the author also coming with some conclusions derived from the analysis of the national anti-competitive and criminal legislation.