Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

Registered by

Ministry of Justice

Republic of Moldova

On February 10, 2015 No. 1023

RESOLUTION OF COMPETITION COUNCIL OF THE REPUBLIC OF MOLDOVA

of January 22, 2015 No. 2

About approval of the Regulations on approval of the obligations offered by the companies

Based on Item c) parts (1) Article 41 and Item f) parts (6) Article 46 of the Competition act No. 183 of July 11, 2012 (The official monitor of the Republic of Moldova, 2012, Art. No. 193-197, 667), for the purpose of the embodiment of the Message of the Commission on the adjusting measures accepted within Regulations of Council (EU) No. 139/2004, and based on Regulations of the Commission (EU) No. 802/2004 (2008/C 267/01), the European Union published in the Official magazine C-267/1 of October 22 2008, the Plenum of the DECIDES: Competition council

1. Approve Regulations on approval of the obligations offered by the companies it (is applied).

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

Chairman Plenuma of Competition council

Viorika Karare

Approved by the Resolution of the Plenum of Competition council of the Republic of Moldova of January 22, 2015 No. 2

Regulations on approval of the obligations offered by the companies

Chapter I. General provisions

1. The regulations on approval of the obligations offered by the companies, realize regulations of the Message of the Commission on the adjusting measures accepted within Regulations of Council (EU) No. 139/2004 and based on Regulations of the Commission (EU) No. 802/2004 (2008/C 267/01), the European Union published in the Official magazine C-267/1 of October 22, 2008.

2. This Provision establishes the basic rules applicable to obligations Competition council, obligation types, conditions on which offers on obligations, terms and the procedure of approval and assessment of the obligations offered by the companies both in cases of anti-competitive activities, and in case of economic concentration shall be carried out.

3. The this provision purpose - to provide the mechanism of assignment and approval of the obligations offered by the companies in case of anti-competitive activities, for elimination of situation which led to initiation of investigation and obligations on change of the economic concentration assigned to themselves by the involved companies for implementation of compatibility of economic concentration with competitive environment.

4. The competition council makes decisions on approval of the obligations offered by the companies in the conditions of Art. 41 of the h. (1) the item u) the Competition act No. 183 of the July 11, 2012 which is hereinafter referred to as the Competition act.

5. The companies can offer obligations in case of anti-competitive activities and economic concentration.

6. The plenum of Competition council approves decisions according to which provides binding legal force to the obligations assigned to themselves by the companies in case of anti-competitive activities according to Art. 41 of the h. (4) Competition act.

7. The plenum of Competition council approves decisions according to which announces economic concentration compatible to competitive environment taking into account the changes made based on the obligations assigned to themselves by the involved companies at stage I (assessment of economic concentration) and at stage II (investigation of economic concentration) according to Art. 25 of the h. (1) item b) and h. (2) item c) Competition act.

8. The procedure of obligations provided in Art. 41 of the h. (4) and Art. 58 of the h. (3) the Competition act, postpones procedures which appear as a result of investigation initiation, and the documents prepared and transferred during the investigation are subject of the case other than the investigated case. Statements, documents filed by the companies on obligations and/or to others from case on obligations, cannot be used in investigation.

9. The terms provided in Art. 25 of the h. (1) item b) and h. (2) the item c) the Competition act, according to Art. 25 of the h. (4) the Competition act are prolonged for 30 working days in case the involved companies suggest to assign to themselves obligations for realization of compatibility of economic concentration with competitive environment.

Chapter II. Conditions, terms and the procedure of approval and assessment of obligations in case of anti-competitive activities

Section 1. Basic provisions

10. The main objective pursued in case of approval of obligations quickly to recover competitive environment by means of such measures as elimination of situation which induced Competition council to initiate investigation. In case of approval of obligations the pursued purposes are such as bystry elimination of concerns concerning the competition based on the viable decisions adapted for these concerns, improvement of competitive environment and implementation of procedural ekonomiya.

11. The initiative to formulate offers on obligations belongs only to the companies at which investigation was started. The companies solve nature, content and duration of obligations which they offer to eliminate situation which led to the beginning of investigation.

12. Use of obligations is limited to situations when it is obvious that intervention of the companies through assignment of obligations and their accomplishment in practice leads to bystry and steady recovery of competitive environment or in more effective manner, than would be reached due to intervention of Competition council by decision about violation establishment, imposing of penalty and/or introduction of the adjusting measures.

13. The competition council does not approve the obligation when considers that application of the sanction answers the policy purposes in the field of the competition better. The competition council does not approve the obligation in case of heavy acts, such as, horizontal agreements on type of malicious shipping conferences and types of abuse of dominant position which had serious effects for the market, exerting impact on its big areas when value of punishment and intimidation prevails.

Section 2. Main conditions and requirements to form for approval of obligations

14. The competition council approves only those obligations which eliminate situation which led to investigation initiation and which promote protection of the competition. Obligations shall fix completely problems of the competition and shall be complete, efficient and could be executed effectively. Effectiveness of obligations will be estimated on their capability to solve the revealed competition problems. Obligations shall represent sufficient degree of confidence in the relation of their implementation. Accomplishment and/or monitoring of obligations shall not present difficulties.

15. Obligations shall be corresponding and proportional to fix the revealed competition problems. Also those obligations which accomplishment facilitates accomplishment of other offered obligations can be considered as corresponding. In the course of assessment the Competition council considers legitimate interests of the third parties.

16. Assessment of accomplishment of the conditions stated in Items 14-15 will be performed depending on circumstances for each case. The plenum of Competition council will take all corresponding factors relating to this obligation into account: type, scope of the offered obligation and zone of application of the offered obligation, referring to structure and features of the market in which there are competition problems, including provision of the parties and other companies in the market.

17. For acceptance in attention the offer on obligations shall correspond to the following conditions:

1) it to be provided in writing and signed. If filing of application and/or monitoring of obligations assumes participations of the third parties, the offer shall be followed by the contracts signed between the company which offers obligations, and the interested third parties;

2) to be submitted in time, established in Item 23;

3) to represent the serious offer, resolute, unambiguous, exact, complete, unconditional and irrevocable. The offer shall be rather detailed to allow Competition council to complete complete assessment;

4) to contain explanations about how set of obligations and everyone in particular allows to eliminate situation which brought to the beginning of investigation;

5) to include the detailed information about the offered mechanism of the monitoring offered by the parties when it is reasonable;

6) to be followed by not confidential version of the offer on obligations necessary for consultation by Competition council of the interested third parties in case contains confidential information

Section 3. Obligation types

18. Obligations can be behavioural or structural. To receive optimum result, structural obligations can be combined with behavioural.

19. Behavioural obligations are the obligation assigned to itself by the company to approve certain behavior in the market in relation to the third parties.

20. Behavioural obligations are positive when are the obligation to behave definitely, and negative when represent the obligation to abstain from certain behavior.

21. Behavioural obligations have flexible nature and can be corrected depending on specific circumstances of each case. Behavioural obligations which depend also on actions of the third parties are obligations with the low level of definiteness and cannot be approved as independent obligations, only if the parties provide in writing the unconditional consent of the involved third party.

22. Structural obligations lead to immediate and permanent change in structure of the market and do not require, in principle, average or long-term monitoring.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.