The court confirmed the legality of Competition Council's decision

     Through the decision of the Central Court adopted on 3 December 2014, the court upheld the appeal brought by the Competition Council by SE "Railways of Moldova" and ordered the collection from SE "Railway of Moldova’s’’ account in the state budget in the amount of 1 389 039,594 lei, which is 10% of the income of the respondent for violation of legislation on protection of Competition.

     The action brought in court by the Competition Council was based on the Competition Council Decision no. APD-58-12 / 10 from December 20, 2012, which established the dominant position held by SE "Railways of Moldova" on the market for rail freight in Moldova and found violations by the State Enterprise "Railway of Moldova" art. 6 letter (d) of Law no. 1103-XIV of 30.06.2000 on the protection of competition, evidenced by international tariff for rail transport services provided by SE "Railways of Moldova" when transporting goods, the starting point / destination being the International Free Port "Giurgiulesti" and the other being any starting point in Moldova.

     It is important to be mentioned that according to the Law no. 1103-XIV of 30.06.2000 on the Protection of Competition, in force at the time of the violation by IS "Railways of Moldova", the competition protection authority has the power to bring actions in court regarding the collection from economic agents of an income, obtained from violation of the law on protection of competition.

Competition Council

December, 11 2014