OBIECTUL INFRACŢIUNILOR ÎN DOMENIUL CONCURENŢEI (art.246 şi 2461 CP RM)

Sorin TIMOFEI Catedra Drept Penal şi Criminologie

Rezumat

The article is devoted to examining the object structure and content of the offenses provided by art.246 and 2461 PC RM. As a result, it is shown that competition is a confrontation between economic entities which have a common trend in the activity, consisting in obtaining benefits. The offense of limiting the free competition (art.246 PC RM) has a simple special legal object, when one social value and the corresponding social relations form its content; the respective social value is the free competition. The special legal subject of the offence of unfair competition (art.2461 PC RM) is formed by the social relationships of fair competition. The breakdown of a secondary legal object of the offense provided by art.2461 PC RM is not appropriate. It is argued that, in contrast with the offense of unfair competition, the offence of limiting free competition has no material object (immaterial). The victim of the offence of limiting free competition is the third person (third in concordance to parties of anticompetition illegal agreement), that suffers exceptionally large damages, a person that has the quality of an economic agent. In case of the offense of unfair competition, the victim is the economic agent in competition, with the consumer.