Summary of the Competition Council Plenum Decision No. APD – 51 from 16.10.2017

Following the Order of the President of the Competition Council no. 24 of 10.10.2017, an inspection was carried out at the headquarters of "BTS PRO" LLC, with the purpose of collecting the evidence for the investigation initiated by the Plenum of the Competition Council through the Provision no. 28 of 10.10.2017, on the signs of violation of the provisions of art. 5 of the Competition Law no. 183 from 11.07.2012.

"BTS PRO" LLC refused to submit to the inspection carried out by the Competition Council employees, according to art. 56 of the Competition Law no. 183 of 11.07.2012 and was misled them through: the refusal to allow the printing of a file, the disappearance of files in the database, the refusal to access employees computers, also was misleading the ownership of a telephone number and the localization of electronic files to be inspected.

Due to the impediments previously exposed, the purpose of the inspection could not be reached and that could not made it impossible to obtain any necessary and relevant information for the investigation of the alleged breach of competition legislation.

"BTS PRO" LLC was fined 1 072 113,45 lei for the refusal to submit to the inspection carried out by the employees of the Competition Council and for misled them, following the Decision no. APD - 51 of 16.10.2017 adopted by the Plenum of the Competition Council, which found violations of art. 68 par. (1) lit. d) and e) of the Competition Law no. 183 from 11.07.2012.