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Legal mechanisms for combating anti-competitive agreements and protecting competition in the legislation of the Republic of Moldova


Author: Creciun Ilie
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:2022
Scientific adviser: Nicolae Roşca
doctor, associate professor (docent), Moldova State University
Institution: Moldova State University

Status

The thesis was presented on the 27 October, 2021
Approved by NCAA on the 1 March, 2022

Abstract

Adobe PDF document – 0.46 Mb / in romanian
Adobe PDF document – 0.42 Mb / in english

Thesis

CZU 47.776:340.134(478)(043)

Adobe PDF document 1.85 Mb / in romanian
237 pages

Keywords

competition, anti-competitive agreement, undertaking, associations of undertakings, concerted practice, cartel, combating, liability, punishment, leniency

Summary

PhD thesis in law. Doctoral School of Legal Sciences of the State University of Moldova. Chisinau, 2021.

Structure of the thesis: introduction, four chapters, conclusions and recommendations, bibliography of 281 titles, 2 appendices, 212 basic text pages. The achieved results are published in 15 scientific publications.

Field of study: business law and competition law referring to the legal mechanisms for combating anti-competitive agreements and protection of competition. The goal of the paper: the analysis of the essence of the legal mechanisms for combating anti-competitive agreements and protection of competition in the legislation of the Republic of Moldova, highlighting and characterizing the components of each mechanism, as well as determining the particularities of the application of these legal mechanisms.

The objectives of the paper: conceptualizing the anti-competitive agreements and their forms of realization; the scientific substantiation of mechanisms for combating anti-competitive agreements and protection of competition; the theoretical modeling of practical application of mechanisms to combat anti-competitive agreements and protect competition; drafting conclusions and proposals.

The novelty and scientific uniqueness of the paper: the thesis addresses in the complex mode to anti-competitive agreements and to legal mechanisms to combat them. The detailed and in-depth analysis of the content of the legal norms from the competition, civil and criminal law has allowed identification and characterization of the mechanisms to combat anticompetitive agreements, as well as the submit of recommendations for improvement of legislation.

The theoretical significance: the accumulation of a vast theoretical and practical material that thoroughly elucidates the meaning of the anti-competitive agreements and the legal mechanisms to combat them provided by the legislation of the Republic of Moldova.

The practical value of the paper: the conclusions, de lege ferenda proposals and the submitted suggestions can be used in the process of improving the legislation in force, streamlining the activity of the public authorities involved in the enforcement of the mechanisms for combating anti-competitive agreements and competition protection, as well as in the scientific-didactic activity.