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Legal regulation of cartel agreements


Author: BOLOGAN Dumitrița
Degree:doctor of law
Speciality: 12.00.03 - Private Law (with specification: Civil, Family, Civil Procedure Law, Notary, Business, Informational, Private International, Labour Law, Social Protection Law)
Year:2017
Scientific adviser: Aurel Băieşu
doctor habilitat, professor, Moldova State University
Institution:

Status

The thesis was presented on the 27 December, 2016
Approved by NCAA on the 16 February, 2017

Abstract

Adobe PDF document – 0.47 Mb / in romanian

Keywords

cartel, hard core cartel, competition, agreement, practices, investigation, liability, leniency, immunity.

Summary

The goal of the paper lies in a complex and detailed research of the national and international framework, the theoretic and practical material in order to highlight the manner in which the cartels are regulated both in the Republic of Moldova and in the European Union, for the achievement of which several objectives have been established: analysis of cartel concepts, types of practices that constitute cartels; leniency policy analysis; highlighting gaps; lege ferenda proposals.

The novelty and scientific uniqueness of the paper. This paper is the first attempt to achieve a comprehensive legal research addressing horizontal anti-competitive agreements, by analysing terminological issues, research of the legal and doctrinal opinions.

The solution of the important scientific problemlies in multidimensional researching of the legal regulation of cartels at national and international levels, as well as elucidating the practice of the European competition authority and the European case-law, which has resulted in formulating lege ferenda proposals, in order to improve the domestic legislation, for an uniform, correct and consistent application of the most recent legislative solutions by the Competition Council and courts in the Republic of Moldova. The theoretical significance results from the complex study of the legal regulation of cartels in the context of the new Law on competition of the RM for the local scientific community.

The practical value of the paper is determined by the practical application of the formulated conclusions and recommendations by both the Competition Council, courts and the legal specialists.

The implementation of the scientific results. The conclusions and recommendations of this paper have been used in competition law lectures and seminars conducted at the Faculty of Law of the State University of Moldova and in the framework of the Summer School for PhD students in the College of Europe in Natolin, Poland.