Summary of the Competition Council Plenum Decision no. CN - 15/20-37 as of 09.06.2022

On 30.04.2020, the enterprise OCN „Iute Credit" S.R.L., filed a complaint with the Competition Council against the actions of the enterprises OCN „Credits 2 All" S.R.L. and OCN "Viaconto Minicredit" S.R.L.

According to those invoked in the complaint, unfair competition actions carried out by the enterprises of OCN „Credits 2 All" S.R.L. and OCN "Viaconto Minicredit" S.R.L. is manifested by creating confusion among consumers in the context of using the term "iute" and the phrase "iute credit" in the process of advertising non-bank lending through the website www.monily.md, all given that the term and the phrase is trademarks by the rights holder OCN "Iute Credit" S.R.L.

Following the investigation, by the Decision of the Plenum of the Competition Council no. CN-15 / 20-37 of 09.06.2022, the violation was found by the enterprises of OCN „Credits 2 All" S.R.L. and OCN "Viaconto Minicredit" S.R.L. of the provisions of art. 19 para. (1) lit. a) of the Competition Law no. 183 of 11.07.2012.

The infringement was manifested by creating confusion among consumers among the enterprises of OCN "Credits 2 All" S.R.L. and OCN "Viaconto Minicredit" S.R.L. with the applicant's undertaking through the unlawful and full use of the 'fast' mark and the unlawful and partial use of the 'fast credit' mark, in the context in which those marks are lawfully used by the applicant undertaking.

Thus, the actions of the undertakings complained of show a risk of actual confusion and, as a potential effect, involve an erroneous association in consumers' perceptions of the commercial identity of the undertakings in whose interest the offers of non-bank lending services are exposed.

The amount of the fine applied .for unfair competition actions in the case of OCN "Credits 2 All" S.R.L. constituted 87 111, 89 lei, and respectively, in the case of OCN „Viaconto Minicredit" S.R.L. - 806, 23 lei.