Mandatory result/Component 1: Strengthened institutional and administrative capacity of the Competition Council to implement the EU acquis and best practices towards an EU-like competition authority

Twinning component 1 shall focus on improving the internal organisation and operations of the CC, so that the CC handles cases in a more efficient manner and gets in a position to respond effectively to the needs of implementation of the competition and state aid rules. Twinning support is aimed at further strengthening the CC towards an EU-like competition authority. The project will contribute to the development of an institutional development plan of the CC until 2026 in line with the National Development Strategy “European Moldova 2030” and support the implementation of a comprehensive Performance Appraisal System for the employees incorporating clear, objective, and quantifiable performance indicators aligned with the core activities of the Competition Council.

Under this component should be envisaged the support for the development of a methodology and relevant performance indicators for assessing the institutional performance of the Competition Council as a national competition and state aid agency, including a methodology for assessing the impact of Competition Council’s operations and decisions on consumer welfare, market dynamics, and the overall national economy. This system should incorporate comprehensive metrics and methodologies to evaluate both direct and indirect effects, facilitating evidence-based policy evaluation and informed decision-making.

The CC should receive support for developing and implementing a long-term and comprehensive Human Resources Development Strategy based on a thorough gap analysis and professional development needs assessment. The strategy shall focus on enhancing staff professional competencies, improving recruitment procedures and retention policies, and facilitating seamless integration for new employees. The implementing authorities should provide support to the Competition Council and other relevant stakeholders in identifying remaining gaps in the existing legislation on competition and state aid (encompassing both primary and secondary legislation), other than the gaps identified during the screening process, as well as keep the Competition Council updated on the new EU legislation, and provide necessary assistance in drafting relevant amendments aimed at aligning it with the European acquis. While acknowledging the recent substantial review of the Competition Law and the conclusions of the screening exercise, this activity will continue the efforts towards continuous improvement of the Moldovan competition and state aid legislation and its alignment with the European standards to facilitate successful accession negotiations with the European Union in the area of competition and state aid. Undertake an analysis of the existing Competition Council’s organisational chart and the performance to refine the structure of the Competition Council to enhance its efficiency, alongside improvements to internal protocols and operational procedures. Propose adjustments to internal regulations, workflows and working methodologies, emphasizing the development or enhancement of internal guidelines and standard operating procedures (SOPs), if necessary. The assessment exercise should be combined with an evaluation of current information systems and IT tools used by the Competition Council employing as benchmarks the existing best practices as applied by European national competition authorities, and develop relevant tailored recommendations. Additionally, provide procurement support (if relevant), assisting in RFP drafting, vendor proposal evaluation, and contract negotiation to ensure seamless implementation and maintenance aligned with the Competition Council's objectives. Support CC to initiate and undertake various public awareness campaigns to improve understanding of competition and state aid matters, promote a culture of fair competition, explain and raise awareness about specific enforcement tools and mechanisms, and highlight the Competition Council's role. Additionally, improve and enhance outreach and communication efforts for more efficient dissemination of key messages about the Council's initiatives, fostering engagement of civil society and key stakeholders. Improve the existing one and further develop a comprehensive initial and continuous training programmes for the staff of the Competition Council, fostering a culture of continuous learning within the authority. This activity will include the creation and oversight of individual professional development plans integrated into the general programme. It is expected that under this component will be organised regular trainings, study visits, and team-building activities to ensure necessary knowledge transfer, skills development, and experience exchange in order to achieve the objectives of the project. Additional support will be provided for  the development, publication, and dissemination of information materials and guidelines on various issues of competition and state aid.

Mandatory result/Component 2. Competition policy aligned to the EU acquis and best practices

Twinning activities under this component shall focus on strengthening the Competition Council's capacities to effectively implement competition policy and enforce competition legislation in line with EU acquis and the existing best practices. The respective actions will concentrate on enhancing the efficiency and effectiveness of the Council's operations and enforcement actions through capacity-building initiatives, with a particular emphasis on improving infringement identification and investigation activities.

While conducting the relevant activities, the necessity to use advanced information and technical systems and tools and ensure digitisation of Competition Council’s operation shall be considered as one of the priorities in developing institutional capacities of the Council. 

The support provided shall cover the main areas of activity (anti-competitive agreements, abuse of dominant position, merger control, anti-competitive actions by public authorities, and unfair trading practices), as well the promotion of leniency and whistleblowing programmes.

Under this component should be conducted comprehensive training sessions to enhance and deepen the Competition Council's understanding and application of EU rules in each of the relevant areas as specified above. The trainings will encompass interactive workshops, case studies, and knowledge evaluations to reinforce learning outcomes and enhance the Council's capacity for effective enforcement. The CC should benefit of support in developing effective mechanisms for identification of competition infringements, including various screening tools, market analyses, collecting and analysing relevant economic data, etc. The relevant mechanisms should include the application of advanced data analytics techniques and use of economic indicators to systematically identify potential violations and prioritize enforcement actions. In addition, it should be facilitated the establishment of effective leniency and whistleblowing programmes to encourage reporting of anti-competitive behaviour and strengthen enforcement capabilities. This activity may include but should not be limited to the development of clear and easy-to-understand reporting procedures, use of anonymous reporting channels, and development of monetary compensation mechanisms for whistle-blowers, etc. Strengthen the Competition Council’s capabilities to conduct effective dawn raids by training the staff on comprehensive planning of dawn raids and necessary skills and procedures to conduct them, identification and collection of relevant evidence during the dawn raid, use of specific tools to sort out and analyse the evidence. It will include simulated exercises, legal briefings, and practical guidance on planning, evidence collection and seizure techniques, etc. Support the CC to develop an efficient system of the merger control. This activity will focus on strengthening the Competition Council's capacity to effectively review and assess merger notifications, conduct rigorous market assessments and economic analyses to evaluate potential competitive effects of mergers, and engaging with stakeholders to gather relevant information and address concerns. Strengthen the capacities of the Competition Council in using specific IT tools and forensic techniques, for better detection of infringements and enhancing the effectiveness of investigations. This initiative will encompass the deployment of specialized software for data analysis, digital forensics tools for evidence collection, and capacity-building activities to ensure effective utilization of these resources in infringement detection and investigation processes. Provide assistance in conducting market studies and performing various types of economic analysis in the relevant economic sectors. Provide support to the Competition Council in identifying, conveying, and effectively putting in practice the relevant enforcement priorities. This activity will involve facilitating strategic planning sessions, conducting stakeholder consultations, and analysing market trends. This activity shall also cover clear communication actions to convey priorities internally and externally, fostering alignment and commitment across the organization.

Mandatory result/Component 3: State aid policy aligned to the EU acquis and best practices

Implementation of this component will aim to enhance the Competition Council's capacity to implement state aid rules in line with the EU acquis. The focus will be on strengthening institutional capabilities to ensure effective state aid control and enforcement, particularly in identifying, assessing, and monitoring state aid measures, as well as conducting state aid infringement investigations. Assistance provided will encompass various aspects of state aid policy, including notification procedures, evaluation procedures for specific types of state aid, and enforcement mechanisms.

Under this component should be conducted specialized training sessions and other capacity building activities to deepen the Competition Council's understanding and application of EU state aid rules, covering key notions and procedures and various categories of state aid. The trainings will include workshops, case studies, and practical exercises tailored to the unique challenges and complexities of state aid regulation. The project should support the development of a robust mechanisms for identifying and assessing state aid measures, including the establishment of clear procedures for reviewing state aid notifications and conducting in-depth assessments of their compatibility with EU rules. This objective will involve the development of screening tools, specific regulations and guidelines to ensure thorough and consistent evaluation of different types and categories of state aid. Under this component will be provided technical assistance in conducting legal and economic analyses of state aid measures to establish the relevant measures meet all the state aid criteria and assess the compatibility of the respective measures. In addition, this should contribute to the enhancement of the stakeholder engagement and consultation processes to ensure effective communication and cooperation between the Competition Council and other public authorities, as well as other relevant stakeholders involved in state aid matters in order to promote understanding of state aid rules and procedures. This will involve organizing workshops, roundtable discussions, and public consultations. The project will support the organisation of trainings on relevant state aid issues for actual and potential providers, particularly to ministries (eg. Ministry of Economic Development and Digitisation, Ministry of Infrastructure and Regional Development, Ministry of Finance, Organisation for the Development of Entrepreneurship, Public Property Agency, etc.) and other relevant institutions, including local public authorities. In addition, support will be provided  in minimizing the duration of the examination of State aid cases, provide a greater transparency of the decisions adopted and ensure uniform communications concerning these decisions, as well as, improve and upgrade the state aid information systems, including the module (or a separate registry) on de minimis aid.

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