Summary decision of Competition Council Plenum No. APD- 37 as of 27.07.2016

By provision of the Competition Council Plenum no. 9 of 14.11.2013, it was initiated a investigation on the signs of violation of art. 12 paragraph (1) letter a) of the Competition Law no. 183 of 11.07.2012 by Ministry of Transport and Roads Infrastructure who refused to assign races requested by „Gârle-Agro" LLC on the route Chisinau - Costeşti / Ialoveni.

During the investigation it was found that the Ministry of Transport and Roads Infrastructure by refusing to assign to „Gârle-Agro" LLC the requested races on the route Chisinau - Costeşti / Ialoveni on 29.09.2010, 24.02.2012 and 18.03.2013, and by establishment of discriminatory conditions for „Gârle-Agro" LLC in relation to „Pro Et Contra" LLC („Pro Et Contra" LLC was awarded by Orders no. 282 of 20.10.2010. and no. 82 of 30.03.2012 with races at an interval less than 15 minutes from the required races of „Gârle-Agro" LLC without competition selection), violated art. 12 paragraph (1) letter a) and b) of the Competition Law no. 183 of 11.07.2012.

Thus, by Decision no. APD - 37 of 27.07.2016 the Competition Council obliged the Ministry of Transport and Roads Infrastructure to cancel the Order no. 282 of 20.10.2010 and Order no. 82 of 30.03.2012 by whom „Pro Et Contra" LLC was awarded with the right to serve additional races on the route Chisinau - Costeşti / Ialoveni, and after that, within 45 days in accordance with the sphere regulations and with the competition rules, to make a new contest and to award the right to service the additional races on the route Chisinau - Costeşti / Ialoveni (races retired from transportation agent „Pro Et Contra" LLC due to the cancellation Order no. 282 of 20.10.2010 and Order no. 82 of 30.03.2012).