Since 14 November 2024, the Regulation on the application of the simplified procedure in cases of favourable treatment of undertakings or associations of undertakings which acknowledge the commission of an anti-competitive practice has entered into force, approved by the Competition Council on 28 October 2024. It allows undertakings or associations of undertakings to benefit from a reduction of the fine if they acknowledge that they have been involved in an anti-competitive practice.

The regulation sets out the steps and deadlines for the process of acknowledge the infringement of competition law. It regulates the start of discussions between the parties involved, how the proposal for recognition is made, the deadlines for submitting the investigation report and the objections of the parties, as well as the procedure for adopting the final decision.

The procedure is innovative for the Republic of Moldova and will contribute to streamlining and accelerating the administrative procedure in investigations. Accordingly, the Competition Council will use this mechanism to reward cooperating undertakings, which will save resources and reduce the time needed to make decisions on anti-competitive practices.

The document will also allow the Competition Council to examine more cases, using more efficiently the same resources and will help reduce the number of appeals in the courts.

For companies engaged in an anti-competitive practice, this regulation means a faster procedure, less costs and a lower fine. They can avoid lengthy proceedings and judicial processes, benefiting from a fine reduction of between 10% and 30%.

It is worth noting that undertakings involved in such a practice have the opportunity to apply also to leniency programme, which allows for further reduction of the fine. Thus, the total reduction of the fine can reach up to 50% of the initial value if the undertaking actively cooperates in the investigation.

The regulation is available here.