MoldovaCompetition Law, Prohibition of Unfair Competition
Legea concurentei nr. 183 din 11 iulie 2012, arts. 14 to 19, 77 and 80
In force.
An unfair competition rule binding private bodies.
- Enforcement body
- The Competition Council, which sanctions deeds of unfair competition under article 77(1).
- Obligation class
- Prohibition
- Audit expectation
- none
What it requires
- Do not engage in unfair competition, which the Law defines as any action by an enterprise in the process of competition that is contrary to honest practices in economic activity (art. 14(1)).
- Do not obtain or use information that constitutes a competitor's business secret without the competitor's consent where that has harmed or is likely to harm the competitor's legitimate interests (art. 17).
- Do not take any action liable to create confusion with a competitor's enterprise, products or economic activity, including by unlawfully copying the shape, packaging or external appearance of its product and placing that product on the market, or by unlawfully copying its advertising, where this has harmed or is likely to harm the competitor's legitimate interests (art. 19(1)).
These lines are LexLint's reading of the law's text.
If you get it wrong
Private right of actionYes
Penalty structure
Article 77(1) caps the fine for each deed of unfair competition prohibited in articles 15 to 19 at 0.5% of the total turnover of the enterprise concerned in the year preceding the sanction, with the basic level set by the seriousness and duration of the deed.
- Rule
- Turnover pct only
- As of
- Turnover percentage cap
- 0.5
What it makes you log
Logging duty
Articles 14 to 19, 77 and 80 prohibit unfair competition and set the fine and the court remedies. They impose no duty to create, keep, produce or review a log or record.
- Kind
- None
- As of
What this law does
Article 14(1) prohibits enterprises from engaging in unfair competition. The Law defines unfair competition as any action performed by enterprises in the process of competition that is contrary to honest practices in economic activity. Article 17 prohibits an enterprise from obtaining or using information that constitutes a competitor's business secret without the competitor's consent if that has harmed or is likely to harm the competitor's legitimate interests.
Article 19(1) prohibits any action liable to create confusion with a competitor's enterprise, products or economic activity. Article 19(1)(b) lists among the acts of confusion the unlawful copying of the shape, packaging or external appearance of an enterprise's product and placing that product on the market, and the unlawful copying of its advertising, if this has harmed or is likely to harm the legitimate interests of a competitor.
Article 14(5) allows an enterprise whose legitimate interests have been harmed to complain to the Competition Council about alleged unfair competition within 6 months of the date it knew or ought to have known of it. Article 77(1) lets the Competition Council sanction the deeds of unfair competition prohibited in articles 15 to 19 with a fine of up to 0.5% of the total turnover of the enterprise concerned in the year preceding the sanction.
Article 80(1) provides that the court shall order the person committing an action of unfair competition to cease it or remove its consequences, to return confidential documents unlawfully appropriated from their rightful owner and, where appropriate, to pay compensation for damages.
Article 80(5) gives the right of action to natural and legal persons engaged in entrepreneurial activity who have a competitive relationship with the offender, meaning they are engaged in an identical or similar type of activity.
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