Consideraţii critice cu privire la infracţiunea prevăzută la art. 5 lit. e) din Legea nr. 11/1991 privind combaterea concurenţei neloiale
Critical Considerations Regarding the Offence Provided by Article 5 letter e) of Law no. 11/1991 on Combating Unfair Competition

Summary/Abstract: Starting with the identification of the legal provisions regarding the criminalisation of anticompetitive behaviours in the Romanian legislation, the present study reveals the main shortcomings of the provision included in Article 5 letters 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 offense and other criminal offenses that involve relevant similarities.

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