THE COMPETITION COUNCIL DEFINITIVELY WINS THREE CASES ON THE SAME DAY

On 13.04.2022, the Supreme Court of Justice confirmed the legality and the merits of three decisions of the Plenum of the Competition Council, which found infringements of the Competition Law:

1) On 05.05.2018, the Plenum of the Council issued the decision, finding an infringement of Article 5 of the Competition Law by "Lisnic Grup" LLC and "Mixacon-Lux"LLC. Respectively, it was found that these enterprises in November 2017 participated with rigged bids in the tender organized by the Information Technology Service of the Ministry of Internal Affairs for the purchase of the road traffic surveillance solution. "Lisnic Grup" LLC was fined by 476 236.20 MDL and "Mixacon-Lux" LLC - by 113 357.52 MDL.

2) On the same day, the Supreme Court of Justice confirmed the legality and the merits of the decision of the Plenum of the Competition Council as of 28.06.2018. This decision found the participation with rigged bids of the nterprises "BTS PRO" LLC and "Esempla Systems" LLC in the public tender as of 19.06.2017, organized by the National Integrity Authority. Additionally, it was also detected that the enterprises "BTS PRO"LLC, "MSA Grup" LLC and "Esempla Systems" LLC also participated with rigged bids in 2 public tenders as of 22.06.2017, organized by the General Prosecutor's Office. For the infringements found, a fine was imposed on "BTS PRO" LLC in the amount of 4 480 833.18 MDL, "Esempla Systems" LLC in the amount of 216 252.36 MDL and "MSA Grup" LLC in the amount of 478 598.55 MDL.

The above-mentioned cartels manifested themselves through the exchange of strategic information, either through direct contact, having rooms at the same address, or through electronic communications.

3) In the third decision as of 13.04.2022, the Supreme Court of Justice confirmed the legality of the decision of the Plenum of the Competition Council as of 17.03.2020. By this decision, it was found the infringement of the provisions of Art. 20 and Art. 22 of the Competition Law by the "Ecloz Service"LLC. The company did not notify the concentration until its implementation. The concentration was implemented through the acquisition by "Ecloz Service" LLC as of 35% of the share capital of "ANINA" LLC.

For more details, please visit the links:

Decisions of the Plenum of the Competition Council:

https://competition.md/public/files/Decizia-DA-37-17-20-din-0504201827673.pdf

https://competition.md/public/files/Decizia-DA-4217-48-din-2806201832f3d.pdf

https://competition.md/public/files/Decizie-Ecloz-Service-Anina9898c.pdf

Decisions of the Supreme Court of Justice: 

http://jurisprudenta.csj.md/search_col_civil.php?id=66080

http://jurisprudenta.csj.md/search_col_civil.php?id=66141

http://jurisprudenta.csj.md/search_col_civil.php?id=66164