Summary of the Competition Council Plenum Decision no. CN-48/18-74 as of 31.10.2019

On 15.11.2018, the company "Bucuria" S.A., submitted a complaint to the Competition Council against the actions of the company "Nefis" S.R.L.

According to the complaints, the company "Nefis" S.R.L. copy the packaging of the candy products in box: "Meteorit 320 g", "Meteorit 400 g", "Chișinăul de seară" and "Pasărea Măiastră" for the candy products in box: "5 minute", "Fortuna", "Prună Delicioasă" and "Lapte de vis".

The complainant communicated about the characteristic signs indicating that the package is copied by the company "Nefis" S.R.L. in the context of its activity of production and placing on the market of the confectionery products mentioned above. The main feature that indicates that the packaging was copied from "Bucuria" S.A., according to the complainant, resides in the color range used by the company "Nefis" S.R.L. to manufacture the packaging of its products.

Following the investigation, the Competition Council found the violation of art. 19 paragraph (1) lit. b) of the Competition Law no. 183 of 11.07.2012 by "Nefis" SRL, manifested by the illegal, partial copying of the packaging of the products: candy in the box "Meteorit 320 g", "Meteorit 400 g", "Chișinăul de Seară" and "Pasărea Măiastră" for the products "5 minute", "Fortuna", "Prună delicioasă" and "Lapte de vis", respectively and their placing on the market. The amount of the fine applied for the unfair competition actions constituted 152 100,24 lei (one hundred fifty two thousand one hundred lei, 24 bani).

Copyright © 2022 Competition Council