Moldova (February 29, 1992)
Score = 23
Governed by: Law of the Republic of Moldova Concerning Restrictions on Monopolistic Activities and Development of Competition, dated February 29, 1992. [1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | Art. 1 sec. 1 extends scope to agreements conducted outside Moldova |
| Remedies | Fines | 1 | Art. 14 sec. 2 allows for monetary penalties |
| Prison Sentences | 0 | ||
| Divestitures | 1 | Art. 10 allows government to order compulsory separation for certain violations | |
| Private Enforcement | 3rd Party Initiation | 1 | Art. 15 provides for 3rd party recovery |
| Remedies Available to 3rd Parties | 1 | Art. 15 provides for 3rd party recovery | |
| 3rd Party Rights in Proceedings | 0 | ||
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | Art. 8 sec. 3 requires consent of government | |
| Pre-merger | 2 | Art. 8 sec. 2 requires pre-merger submission | |
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 1 | Art. 3 sec. 2 sets threshold of 35% of market share |
| Restriction of Competition | 0 | ||
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 0 | ||
| Dominance | Limits Access | 1 | Art. 3 sec. 1 prohibits withholding commodities |
| Abusive Acts | 1 | Art. 3 sec. 1 prohibits abusive acts | |
| Price Setting | 1 | Art. 3 sec. 1 prohibits violating legally established procedures for pricing commodities | |
| Discriminatory Pricing | 1 | Art. 3 sec.1 prohibits discriminatory conditions | |
| Resale Price Maintenance | 0 | ||
| Obstacles to Entry | 1 | Art. 3 sec.1 prohibits obstructing access to the market | |
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | Art. 4 sec. 1 prohibits price setting |
| Tying | 1 | Art. 3 sec. 1 (discussed under single firms) | |
| Market Division | 1 | Art. 4 sec. 1 prohibits market division | |
| Output Restraint | 1 | Art. 4 sec. 1 limits restriction of other entities as purchasers | |
| Market Sharing | 1 | Art. 4 sec. 1 prohibits division of the market on a range of sellers or purchasers | |
| Eliminating Competitors | 1 | Art. 4 sec. 1 prohibits removal or restriction of entities as sellers or purchasers of a commodity | |
| Collusive Tendering/Bid-Rigging | 0 | ||
| Supply Refusal | 1 | Art. 4 sec. 1 prohibits restriction | |
| Efficiency Defense | 0 |