The Competition Council definitively wins in court three cases on the same day

The Supreme Court of Justice (SCJ) on 13.04.2022 definitively confirmed the legality and validity of three decisions of the Competition Council s Plenum, which found the Competition Law violations:

On 05.05.2018, the Council s Plenum issued the decision, by which it found the violation of art. 5 of the Competition Law by "Lisnic Grup" LLC and Mixacon-Lux LLC. Respectively, it was found that these undertakings in November 2017 participated with bid riggings at the tender organized by the Information Technologies Service of the Ministry of Internal Affairs on the acquisition of the road traffic surveillance solution. "Lisnic Grup" LLC was fined 476,236.20 Moldovan leu and "Mixacon-Lux" LLC - with 113,357.52 Moldovan leu.

On the same day, the SCJ definitively confirmed the legality and validity of the Decision of the Plenum of the Competition Council as of 28.06.2018. This decision found the participation of the "BTS PRO" LLC and "Esempla Systems" LLC undertakings with bid riggings in the public auction as of 19.06.2017, organized by the National Integrity Authority. In addition, it was also found that the undertakings "BTS PRO" LLC, "MSA Grup" LLC and "Esempla Systems" LLC also participated with bid riggings at 2 public tenders from 22.06.2017, organized by the General Prosecutor's Office. For the violations found, "BTS PRO" LLC was fined in the amount of 4,480,833.18 modovan leu, "Esempla Systems" LLC in the amount of 216,252.36 Moldovan leu and "MSA Grup" LLC in the amount of 478,598.55 Moldovan leu.

The abovementioned cartels were manifested by the exchange of strategic information carried out, either by direct contact, by having rooms at the same address, or by electronic communications.

In the third decision as of 13.04.2022, the SCJ confirmed the legality of the Decision of the Plenum of the Competition Council as of 17.03.2020. By this decision, it was found that the provisions of art. 20 and art. 22 of the Competition Law were violated by "Ecloz Service" LLC. The undertaking did not notify the concentration operation until its implementation. The concentration was achieved through the acquisition by "Ecloz Service" LLC of 35% of the share capital of "ANINA" LLC.

For more details go to the links:

Decisions of the Plenum of the Competition Council (Romanian versions):

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 (Romanian versions): 

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