Summary decision of Competition Council Plenum APD – 44 as of 29.09.2016

Considering the competition concerns arising the situation on the provision market of cable television services in mun. Balti, by Disposition no. 9 of 09.11.2014, the Plenum of the Competition Council initiated the investigation on the signs of violation of art. 11 para. (2) letter e) of the Competition Law no. 183 of 11/07/2012 by JV "SunCommunications" LLC by practicing price reductions from 25 lei to 5 lei for the provision of cable retransmission of audiovisual programs in analogue format (package "Basic Active") for a period of 6 months.

During the investigation it was found that the provision of television services via cable TV network type in mun. Balti in the period of under examination was performed also by „Virs" LLC and "Association ElectronService" S.A., without holding the retransmission authorization issued by the Broadcasting Coordinating Council, contrary to the law. 

Therefore, during the time under investigation JV „SunCommunications" LLC was the only company which activated by holding the retransmission authorization issued by the Broadcasting Coordinating Council on the market provision of services of cable retransmission of audiovisual programs in analogue format in mun. Balti, and in his actions, by establishing this tariff, were not identified signs of effects that could affect consumer welfare both actual and potential.

Thereby, due to the Competition Council Plenum Decision no. APD - 44, on 29.09.2016 it was ceased the investigation on the case because, during the investigation there were not found sufficient proofs related to the infringement of the provisions of the art. 11 of Competition Law no. 183 from 11.07.2012 which could substantiate the application of remedies or sanctions.