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Research of legal instruments to counteract unfair competition acts


Author: Gorincioi Cornelia
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:2019
Scientific adviser: Violeta Cojocaru
doctor habilitat, professor, Moldova State University
Institution: Moldova State University

Status

The thesis was presented on the 22 April, 2019
Approved by NCAA on the 6 December, 2019

Abstract

Adobe PDF document – 0.50 Mb / in romanian

Thesis

CZU

Adobe PDF document 1.77 Mb / in romanian
208 pages

Keywords

unfair competition, discrediting, instigation, commercial secret, misappropriation, confusion, prevention, counteraction, liability

Summary

PhD thesis in law. Doctoral School of Legal Sciences of the State University of Moldova.

Structure of the thesis: introduction, three chapters, conclusions and recommendations, bibliography of 207 titles, 205 basic text pages. The results obtained are published in 13 scientific papers.

Field of study: actions of unfair competition and legal instruments to prevent and counteract them. The general field of study is Business and Competition Law.

The scientific problemresides in the conceptualization of the unfair competition phenomenon and in the individualization of the unfair competition act, identification of the legal tools for the prevention and counteraction of the unfair competition acts in the sense of the appraisal of their efficiency on the amelioration of the competitive environment and of the building of an economic system based on new principles and approaches.

Purpose and objectives of the paper: Comprehensive and multi-purpose research of the problems of preventing and counteracting different acts of unfair competition from the point of view of the competition, civil and criminal law, as well as the preparation of proposals for removing the gaps in the legislation in force. The main objectives are: the analysis of the economic and legal essence of the concept of "unfair competition" and the establishment of the circle of torts contained in this notion; the establishment of legal instruments to counteract and prevent unfair competition acts; the theoretical modeling of the application of legal instruments to counteract unfair competition in practice and the estimation of the effectiveness of their application; formulating the recommendations of the ferenda law.

Scientific novelty and originality: The comprehensive approach towards the object of the research which confers scientific novelty to the present work denotes the uniqueness of the competition phenomenon and the diversity of legal tools of counteraction, at different stages, of prevention and, afterwards of liability, as a coercive tool.

The PhD thesis highlights the necessity of the application of the competition legislation and of the legal tools of counteraction of unfair competition acts in a transparent and nondiscriminatory way. The paper is a complex interdisciplinary research in the Republic of Moldova which approaches legal tools of counteraction of unfair competition acts through three branches of law: civil, administrative and criminal.

Theoretical significance: resides in the analysis of the judicial and economic essence of the “unfair competition” concept and the establishment of the spectrum of delicts embraced by this notion, of legal tools of prevention and counteraction of these acts, with relevant examples from the national jurisprudence and experience of the national authority for competition, foreign jurisprudence for the purpose of a better understanding of counteraction of these negative acts for competition.

Applicative value of the paper is dictated by the recommendations of the author, which may be used in the activity of application of the established norms of the legal system by the state authorities which exercise the control upon the compliance to the legal order in the domain of competition relations, and, as well, in the process of case examination by the national courts.