Brief Considerations on the Offences of Article 5 letters c) and d) of Law no. 11/1991 on Combating Unfair Competition – between the Limits of Flexibility and Rigidity of the Law

Abstract

Starting with the identification of the manner in which the Romanian legislator refers regarding the incrimination of some acts aiming to distort fair competition between the commercial actors on the market, the author proposes, through the present study, to carry out a thorough analysis of the provisions of Article 5 letters c) and d) of Law no. 11/1991 regarding the combating of unfair competition. Attempts are being made in order to deal with issues that are likely to affect the interests or the activity of the competitors as a result of a commercial or an industrial form of espionage, or as a consequence of a breach of trust in this area.

Also, by pointing out the minuses of the evoked legal provisions, the author points out comparative law elements through which the readers can sort out the shortcomings and the uncertainties among the component of the criminal offence that consist in the main subject of this paper.

Last but not least, the relationship between the offences analyzed in this article and other offences with which they might interfere is also highlighted.