MOLDOVA Law and Practice Contributed by: Ina Jimbei, Efrim, Roșca and Associates
The law also allows for cross-examination. Both par - ties and the judge may ask questions to clarify the witness’s statements. 7.2 Expert Witness Role and Procedure Expert evidence is admissible in civil proceedings where specialised knowledge is required to establish facts rel - evant to the case. The parties may request the appoint - ment of an expert, while the court may also order an expert examination ex officio where necessary. As a rule, the expert or expert institution is chosen by mutual agreement of the parties and formally appoint - ed by the court. In the absence of such agreement, the court appoints the expert. Experts are generally selected from the State Register of Judicial Experts maintained by the Ministry of Justice. The expert prepares a written report, which is sub - mitted to the court at least five days before the hear - ing. The report is examined together with the other evidence, and the expert may be summoned to the hearing to clarify or supplement the conclusions and answer questions from the court and the parties. 8. Damages 8.1 Damages: Assessment, Passing On and Interest Damages are assessed in accordance with the gen - eral rules of Moldovan civil law. The claimant must prove: • the existence of the infringement; • the damage suffered; • the causal link between the infringement and the damage; and • where required, the defendant’s fault. Compensation is intended to restore the claimant to the position they would have been in in the absence of the infringement, and may cover both actual loss (damnum emergens) and loss of profit (lucrum ces - sans), provided these are adequately proven. There are no specific statutory rules governing the quantifi - cation of damages in private antitrust cases.
Exemplary or punitive damages are not available in the Republic of Moldova in private competition law actions. Damages are compensatory and are intended to ensure full reparation for the proven harm, including actual loss, loss of profit and, where the applicable conditions are met, loss of chance. Any fines imposed by the Competition Council con - stitute separate public-law sanctions and are not awarded to the claimant. The “passing-on” defence is not expressly regulated in Moldovan legislation. As there is currently no specif - ic framework for private antitrust damages actions, it remains uncertain whether and how Moldovan courts would apply this defence. In principle, however, the general civil law principle against unjust enrichment suggests that a claimant should not recover losses that have been passed on to third parties. To date, there is no reported case law addressing this issue in the context of competition law. The Competition Law does not contain specific provi - sions governing interest on damages. Accordingly, the general rules set out in the Civil Code apply. Default interest accrues from the date on which the infringer receives a formal demand for payment from the injured party. Where no prior demand has been made, interest accrues from the date on which court proceedings are commenced, and continues until payment in full. As the debtor in an action for damages arising from an infringement of competition law is an undertaking, the applicable annual rate is the National Bank of Moldova base rate for the relevant half-year, increased by nine percentage points. The relevant base rate is the rate in force on January 1st for the first half of the year and on July 1st for the second half. Interest is calculated on the amount of damages awarded and, as a general rule, is not subject to capitalisation.
9. Liability and Contribution 9.1 Joint and Several Liability
Moldovan law does not contain specific provisions on joint and several liability in private antitrust damages actions. Therefore, the general rules of civil liability
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