Summary decision of Competition Council Plenum No. APD - 31 as of 23.06.2016

On 02.11.2011 the ANPC received an request from JV "Sun Communications" LLC regarding the „Moldtelecom" S.A. actions were the complainant established economically unjustified prices for call termination services in his fixed telephone network generated by subscribers of a foreign operator transited via the network operator JV "Sun Communications" LLC. By the provision of Administrative Council of the ANPC no. 65 of 16.11.2011 it was ordered the initiation of the investigation on the signs of violation of art. 6 letter a), d), h) of Law no. 1103 of 30.06.2000 on the protection of competition by imposing on other companies conditions which are purposefully unfavorable to them, by applying to the contractors some discriminatory measures, that would place them in an unfavorable position with respect to other economic entities and by establishing high monopolistic prices.

With the initiation of the investigation and examination of material collected during the investigation, the Competition Council found that each operator of a public telephone networks that ensure termination of fixed calls from other networks or in its network has a market share of 100%, therefore holds a dominant position in the market for voice call termination on individual fixed telephone network in accordance with art. 2 of Law no. 1103 of 30.06.2000 on the protection of competition. In this context, "Moldtelecom" S.A. set the same price for international call termination service to all national operators, and therefore has honored its obligations as a supplier in a dominant position, both, on the market for voice call termination in its fixed individual network and on the market for traffic transit in public telephone networks.

Thereby, due to Competition Council Plenum decision no. 31, on 23.06.2016 it was ceased the investigation of the case, on the ground that during the investigation there were not found sufficient proofs related to the infringement of the provisions of the Art. 6 let. a), d), h) of the Law no.1103 from 30.06.2000 on the protection of competition which could substantiate the application of remedies or sanctions.