INFRACŢIUNEA DE LIMITARE A CONCURENŢEI LIBERE (art.246 CP RM): ARGUMENTE ÎN FAVOAREA MENŢINERII INCRIMINĂRII

Sorin TOMOFEI Catedra Drept Penal şi Criminologie

Rezumat

The offence of free competition limitation is analyzed in the present article. Reasons in the favor of maintaining the incrimination are brought. The article represents a reply to the proposal of the Council of Europe expert V.Coussirat- Coustere of abrogating the art.246 „Free competition limitation” of the Criminal Code of Republic of Moldova. Combining the economic and juridical analysis, a clear “radiography” of the competition climate in Republic of Moldova is carried out. In case of abrogating art.246, there will stay with no efficient protection a social value – free competition – on which existence greatly depends the true assertion of the market economy in Republic of Moldova. The mechanism of protecting the competition in Moldova and in the Western European countries can not be compared mechanically. On the example of some anti-competition actions, it is demonstrated that only the extra-penal means are not sufficient in order to protect the free competition in Moldova.