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Summary of the Competition Council’s Plenum Decision No. APD – 5/16 – 81 of 29.11.2018

           
02.01.2019   795 Views    

On 12.02.2016, the Plenum of the Competition Council, on the basis of the complaint received from ,,Imunotehnomed" LLC, as well as on the basis of the information accumulated during the preliminary examination of the complaint, ordered the initiation of the investigation regarding the signs of the infringement of art. 11 par. (2) let. a) and e) of the Competition Law no. 183 of 11.07.2012 by ,,Avia Invest" LLC regarding the application of unreasonable and excessive prices to the cargo and postal services to the storage.

           The Plenum of the Competition Council by Decision no. APD - 5/16 - 81 of 29.11.2018, ordered the cessation of the examination of the case initiated by the Plenum of the Competition Council' s Provision no. 5 of 07.04.2018, regarding the lack of reasonable grounds to suspect the infringement of the Competition Law no. 183 of 11.07.2012 since during the course of the investigation the following legal and factual circumstances were ascertained:

          1. The conditions stipulated in point 53 of the Regulation on the determination of the dominant position on the market and the evaluation of the abuse of a dominant position, approved by the Competition Council's Decision no. 16 of 30.08.2013 were not met because the difference between the production costs incurred by ,,Avia Invest" LLC in the provision of the cargo and postal services and the price of 70 Euro/1 ton (without VAT) of perceived cargo for this service is not excessive and the price is not inequitable in itself, because the profitability calculated  on the basis of the costs incurred for the provision of this service varied between (...)% and (...)%.

          2. The tariffs applied by Moscow Airport ,,Domodedovo" (123, 13 euro without VAT) and the Airport of cty. Aktau (79, 22 euro excluding VAT) in relation to the tariff charged by ,,Avia Invest" LLC (70 euro excluding VAT) for the service of a ton cargo is higher.

          3. The tariff of 70 Euro/1 ton (excluding VAT) was previously applied by ,,Aeroportul Internațional Chișinău " SE since 01.10.2012, which indicates that ,,Avia Invest" LLC maintained the given tariff which had been established and applied for 13 months by ,Aeroportul Internațional Chișinău" SE.

          4. ,,Imunotehnomed" LLC and ,,Avia Invest" LLC had concluded cargo contracts for the 2014 and 2015 years, which stipulated the same tariffs for the provision of cargo and postal services as in the proposed contract for signing ,,Imunotehnomed" LLC for 2016 year.

          5. The tariffs for the provision of the cargo and postal services approved by Order no. 10 of 01.11.2013, have been applied to all economic agents.

          6. Art. 583 of the Civil Code and point 15.8 of the Concession Contract no. 403 of 30.08.2013 provides that ,,Avia Invest" LLC has the right to determine the amount of airport tariffs in convertible currency (euro).

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