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Summary of the Competition Council Plenum Decision no. APD – 22/15-04 din 18.02.2020

           
05.05.2020   2263 Views    

On April 28, 2015, "Net-Connect Internet" LLC submitted a complaint to the Competition Council, in which it claimed the refusal of "Moldtelecom" JSC to grant access to the international call termination service in its landline and mobile network.

On June 11, 2015, the Plenum of the Competition Council initiated the investigation regarding the signs of violation of the provisions of art. 11 para. (2) let. f) by "Moldtelecom" JSC.

The relevant market concerned under the investigation was the international voice call termination services in the landline and mobile network of "Moldtelecom" JSC on the territory of the Republic of Moldova. Given ANRCETI's conclusions following market analyzes, it was determined that "Moldtelecom" JSC is undoubtedly the only provider that can grant access to the call termination service in its own landline and mobile network, thus it holds a dominant position, implicitly, on the identified relevant markets.

From the analysis of the normative acts that regulate the given markets, with reference to the international call termination service, it was not determined the existence of regulations that would impose the obligation to negotiate or conclude a contract in order to grant the respective service. The service is granted under market conditions, respecting the principle of contractual freedom.

Regarding the interconnection of the national networks, in fact that was ensured by "Moldtelecom" JSC.

At the same time, it was determined the existence of a service substituting the service requested by "Net-Connect Internet" LLC in order to enter and compete effectively on the market. The complainant had the opportunity to obtain the international call termination service in the landline and mobile network of "Moldtelecom" JSC from the "Switchover" AG - the operator responsible for managing the international voice traffic of "Moldtelecom" JSC.

"Net-Connect Internet" LLC pursued only the intermediation of the international call termination service in the landline and mobile networks of "Moldtelecom" JSC, without demonstrating the increase of efficiency and innovation, and implicitly of consumer welfare. Thus, no negative impact was found on the parameters of competition in the market.

Based on the findings of the investigation, the Plenum of the Competition Council, by Decision, ordered to cease the examination of the case regarding the fact that during the course of the investigation no sufficient evidence was found related to the violation of the provisions of art. 11 para. (1) and (2) let. f) of the Competition Law no. 183 of 11.07.2012 by "Moldtelecom" JSC.

 

 

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