IMPLEMENTATION OF COMPETITION LAW. ECONOMIC CONCENTRATIONS - CASE STUDIES IN THE PRACTICE OF THE REPUBLIC OF MOLDOVA

Abstract

Maintaining a normal competitive environment is the basis of competition policy. The process of identification, analysis and sanctioning of law breaches is very complex. During this process, there are identified the particularities of parties involved and the global situation of the relevant market.  Impact factors for the analysis of infringement cases are the effects they produce on the competitive environment as well as on the final consumer. At the same time, the legislation provides for the anticipation of violations through rules for the coordination of actions that could raise the concerns of the competition authorities, before their implementation. Usually, the frequently encountered infringements of competition law regulations are those relating to mergers. This easy way to increase market power is seen as a method of developing competitiveness by companies. Moreover, achieve performance on market is the main objective of companies in business. In this context, often, the economic concentrations made by economical agents infringe the law due to the danger of their effects on the competitive environment, but also because they are not coordinated with the competition authorities before their implementation. The paper presents an analysis of the application of the provisions of the competition law particular to the economic concentrations, their analysis, as well as the impact of the effects of the economic concentrations on the facilitation or worsening of the sanctions. The case study presents real cases on the Moldovan market.