MOLDOVA Trends and Developments Contributed by: Ina Jimbei, Efrim Rosca & Associates
Introduction Competition law in the Republic of Moldova continues to develop against the background of the country’s European integration process. Following the granting of EU candidate status and the opening of accession negotiations, the approximation of national competi - tion rules with the EU acquis remains an important part of the broader reform agenda. This process is not new. Moldovan competition legis - lation already reflects many of the core concepts and principles of EU competition law, and further align - ment continues through legislative amendments, insti - tutional adjustments and the increasing relevance of EU competition law in the interpretation of national rules. At the same time, the current competition law land - scape in Moldova cannot be described solely through legislative developments. Recent practice reveals sev - eral distinct trends: • a significant number of merger control cases, including increasingly complex transactions; • a growing use of commitments in merger clearance decisions; • a limited number of major and highly publicised cartel investigations; • lengthy court proceedings concerning Competition Council decisions; and • the continued underdevelopment of private enforcement. This article focuses on these practical developments and the challenges they raise for businesses, legal practitioners and public authorities in Moldova. Merger Control: From Routine Notifications to More Complex Transactions Merger control has become one of the most dynamic areas of competition law enforcement in the Republic of Moldova. Although the overall number of notifica - tions remains relatively modest compared to more mature jurisdictions, recent years have shown a clear increase in transactions requiring a more detailed competitive assessment. This development reflects both the consolidation of several key sectors of the Moldovan economy and the Competition Council’s
increasing readiness to examine transactions beyond a purely formal review. Unlike many of the earlier notifications, which gen - erally concerned transactions raising no significant competition concerns, a number of recent cases have required the Competition Council to carry out a sub - stantially more detailed assessment of the competitive effects of the proposed transaction. This trend can be observed across different sectors of the economy, including insurance, food retail and food processing. Recent examples include: • the acquisition of control over Moldasig by Vienna Insurance Group (VIG); • the acquisition of Fourchette-M by Moldretail Group; and • the ongoing acquisition of certain assets of Natur Bravo by Orhei-Vit. In each of these transactions, the Competition Coun - cil identified potential competition concerns requiring further investigation, rather than clearing the transac - tion following a straightforward Phase I assessment. An equally notable development is the increasing use of commitments as a mechanism for resolving compe - tition concerns. Rather than prohibiting transactions, the Competition Council has demonstrated a prefer - ence for allowing concentrations to proceed subject to commitments designed to address the specific risks identified during the investigation. While com - mitments have existed under Moldovan competition law for many years, their practical use has become considerably more visible in recent merger practice. The commitments accepted or proposed in recent cases illustrate that the Competition Council is increasingly tailoring remedies to the competition concerns identified in each transaction. Depending on the characteristics of the relevant market, these have included structural commitments, behavioural obliga - tions aimed at preserving suppliers’ market access, and commitments intended to mitigate the strength - ening of market power following the concentration.
117 A NTITRUST LI T IGATI O N 2026
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