LATURA OBIECTIVĂ A INFRACŢIUNII DE LIMITARE A CONCURENŢEI LIBERE (art.246 CP RM)

Sorin TIMOFEI Catedra Drept Penal şi Criminologie

Rezumat

This study aims to investigate the objective side of the offence of limiting free competition. It is pointed out that the prejudice act, specified at art.246 CP RM, can only materialize in: a monopolistic activity, stated in the anti-competition agreement between the economical agents, within the meaning of art.7 of the Law on Protection of Competition; an agreement between a government authority and an economical agent, within the meaning of par.(4) art.9 of the Law on Protection of Competition. It is argued that anti-competition actions, listed at art.5 of the Law on Protection of Competition (excepting monopolistic activity, stated in the anti-competition agreement between the economical agents, within the meaning of art.7 of the Law on Protection of Competition), and the agreement between a government authority and an economical agent (within the meaning of par.(4) art.9 of the Law on Protection of Competition), attract responsibility under other rules than art.246 PC RM. In such cases, is applicable art.247, 327 or 328 PC RM. It is shown that the same relevant market forms the environment of the offense provided by art.246 PC RM. It is proved that only patrimonial prejudice may be taken into account in assessing prejudice consequences committed by limiting free competition perpetration.