RESOLUTION OF COMPETITION COUNCIL OF THE REPUBLIC OF MOLDOVA

of October 28, 2024 No. 9

About approval of the Provision on application of the simplified procedure in cases of provision of the preferential mode to the companies or associations of the companies recognizing making of anti-competition practice

Based on the item h) h (6) Art. 46 and h (3) Art. 73-1 of the Competition act No. 183/2012 (pereopublikovan in the Official monitor of the Republic of Moldova, 2023, No. 351-354, the Art. 620) the Plenum of the DECIDES: Competition council

1. Approve the Provision on application of the simplified procedure in cases of provision of the preferential mode to the companies or associations of the companies recognizing making of anti-competition practice it (is applied).

2. This resolution becomes effective from the date of publication in the Official monitor of the Republic of Moldova.

Approved by the Resolution of Competition council No. 9/2024

Provision on application of the simplified procedure in cases of provision of the preferential mode to the companies or associations of the companies which recognize making of anti-competition practice

This Provision implements Article 31, Items (4) and (5) the Directive (EU) of 2019/1 European Parliament and Council of December 11, 2018 concerning provision of powers to bodies of the competition of state members for more effective application of the legislation and ensuring proper functioning of the domestic market (No. CELEX:32019L 0001), published in the Official Magazine of the European Union Z. 11/3 of January 14, 2019.

Chapter I. General provisions

1. For application of Article 73-1 of the Competition act No. 183/2012 (further - the Law No. 183/2012), the Provision after application of the simplified procedure in cases of provision of the preferential mode to the companies or associations of the companies which recognize making of anti-competition practice (further - the Provision) establishes rules of provision of the preferential mode for remuneration for cooperation when holding procedures of investigation of violations of articles 5 and 11 of the Law No. 183/2012. The purpose is ensuring procedural efficiency or acceleration of the procedure of investigation that allows Competition council to consider the bigger number of cases with use of the same resources, stimulating public interest in application of effective and timely sanctions, and also strengthening the constraining effect.

2. This Provision establishes the simplified procedure applied in cases of provision of the preferential mode to the companies or associations of the companies which recognize making of anti-competition practice in case of violation of articles 5 and 11 of the Law No. 183/2012. It also regulates the aspects concerning the beginning of the procedure of recognition, carrying out discussions on recognition, requirements to form and content of the offer on recognition, the procedure applied in case of promotion of the offer on recognition before and after the message of the report on research, acceptance of the final decision and provision of the preferential mode as a result of recognition.

3. This Provision is applied to the companies or associations of the companies which recognize making of anti-competition practice within the investigations begun on expected violation of articles 5 and 11 of the Law No. 183/2012.

4. In the context of this provision the concepts determined according to the Law No. 183/2012 and other instruments of interpretation of European Union institutions in the field of the competition are used.

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