Critical Considerations regarding the Offence provided by Article 5 letter e) of Law no. 11/1991 on Combating Unfair Competition

  • Alexandru Matache Cluj Bar Association
Keywords: commercial secret, civil servant, unfair competition, the competitive market, service duties, abuse of service

Abstract

Starting with the identification of the legal provisions regarding the criminalization of anticompetitive behaviours in the Romanian legislation, the present study reveals the main shortcomings of the provision included in art. 5. letter e) from Law no. 11/1991 regarding the combating of unfair competition in the competitive market, which punishes the illegal use, by a civil servant, of a trade secret of which he has become aware of in the exercise of his duties, insofar as it has affected the interests or the activity of a company.

Also, the author carries out a detailed analysis of the main elements of the chosen offence, starting with the very meaning and legal structure of the notion of commercial secret and also addressing problematic aspects regarding the relationship between the present offence and other criminal offences that involve relevant similarities.

Published
2019-11-01
Issue
No 2 (2019): Criminal Law Writings
Section
Doctrine