This initiative is justified by the need to harmonize national legislation with European Union standards in the context of the commitments undertaken by the Republic of Moldova as part of the European integration process.
According to the ministry, the current regulatory framework, governed by Law No. 183/2012 on the Control of Economic Concentrations, does not provide sufficient clarity regarding a number of key concepts, such as control and decisive influence over an enterprise, interdependent transactions, or the criteria for the full functionality of joint ventures, the draft document states.
In the absence of detailed clarifications, companies face legal uncertainty when determining their obligation to notify transactions, which can lead either to unjustified notifications or to omissions that affect compliance.
The new instruction supplements the regulatory framework by providing detailed explanations of the concepts of economic concentration, forms of sole and joint control, de facto mergers, sequential or interdependent transactions, as well as the rules for calculating the turnover used to determine notification thresholds.
It also clarifies situations in which certain transactions do not constitute an economic concentration, including intra-group restructurings or the temporary holding of securities by financial institutions in the course of their ordinary business activities.
In addition, it details methods for identifying undertakings involved in an economic concentration and the method for calculating turnover at the group level, including for credit institutions, insurance companies, and other financial organizations.
The regulator asserts that the new rules will help increase transparency, standardize decision-making practices, and reduce the risk of errors in classifying economic transactions.
According to the draft, the decision is set to take effect on January 1, 2027.
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