Summary decision of Competition Council Plenum No. APD- 38 as of 27.07.2016

By provision of the Competition Council Plenum no. 21 of 05.06.2015, it was initiated a investigation on the signs of violation of art. 11 paragraph (2) letter a) of the Competition Law no. 183 of 11.07.2012  by  SE  „Poșta Moldovei" who imposed  „Făclia" LLC the unfair conditions in contract no. 19/2 of 01.14.2015 point. 2.2.5 and 3.3.

During the investigation it was found that the method of payment in 12 tranches is applied and by other enterprises who provides distribution services by subscribing to periodical editions/retail which are not in a dominant position, and this demonstrates that this method of payment is a customary business practice in the contractual relationship between subscription distributors of periodical editions and periodical publications, and it cannot be regarded as an abuse of a dominant position within the meaning of the  of the Competition Law no. 183 of 11.07.2012.

 At the same time, it was found that the sorting and packaging provided on subscription circulation and retail by mail centers, established by point 2.2.5 of the contract no. 19/2 of 14.01.2015 (contract subscribed between „Făclia" LLC and SE „Poșta Moldovei") is implemented by SE „Poșta Moldovei" to all periodical publications.

Thereby, due to the Competition Council Plenum Decision no. APD - 38 on 27.07.2016 the investigation of the case was ceased, because, during the investigation there were not found sufficient evidence related to the infringement of the provisions of the art. 11 of the Competition Law no. 183 of 11.07.2012 which could substantiate the application of remedies or sanctions.