Turcan Cazac

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Moldova Moldova Moldova Moldova Moldova

Str. Puskin 47/1-5a


Tel: +373 (22) 212-031

Fax: +373 (22) 223-806


4. Current case law trends

At present the court's record in the field of competition law is quite poor. Most cases brought by NAPC to court refer to:

  • invalidation of the agreements and coordinated actions of, or between, business entities holding a dominant position and
  • confiscation of the part of the revenue of the businesses obtained as a result of the infringement of competition legislation. For instance, in 2008 there were only 2 cases brought to court, while in 2009 this number increased to 8 cases.

On the other hand, in most cases businesses challenge the binding orders of NAPC in court.

The most intensive activity conducted by NAPC is on merger implementation. This has been caused partially by unlawful notifications (later canceled) issued by NAPC and addressed to Moldovan notaries requiring them to provide notification of share sale and purchase agreements only with NAPC clearance. Thus, in 2008 NAPC cleared 1369 share acquisitions and in 2009 – 482.

The most recent investigation conducted by NAPC refers to a supposed "administrative cartel" in the oil market and anticompetitive arrangements between 7 of the most important oil trading companies. We are waiting the ruling by NAPC in the Economic Appeal Court for confiscation of about MDL 2,000,000 (USD$165,963) from the revenues of involved businesses as well as, on the other hand, the challenging of the NAPC binding order by the oil companies involved in the investigation.