The Laws Economics blog is about Public Procurement, Competition and Commercial Law in Moldova and not only. This is the platform where I will share my thoughts on the developments in the field.
The Moldovan Public Procurement sector has been pushed to digitalisation. Tenderers have been been subject to two main waves of reform. First, the legal reform, aimed at transposing the EU Directive 24/2014 on public procurement and secondly, the mandatory use of the new electronic public procurement system MTender. The legal and digital reform in this sector has changed the business model making it more attractive. I have been involved plenary in this reform process working as EBRD legal consultants within TC public procurement projects in Moldova.
The Moldovan Competition Law is at the inception level. Since September 2012 in Moldova entered into force the Law on competition incorporating partly the EU acquis. The market is still unaware of the need to comply with competition rules, in particular those concerning notification of concentrations between undertakings (merger notification). In addition, my practice shows that undertakings in the distribution chain use widely the single-branding and non-compete contract clauses without a prior assessment neither of its market foreclosure effects nor if it is covered by the exemption regulations, thus, exposing themselves to possible huge fines.