“AVIA INVEST” LLC FINED WITH 31.21 MILLION MDL BY THE COMPETITION COUNCIL

On 15.06.2022, the Competition Council fined the company "Avia Invest" LLC(operator of Chisinau International Airport) with 31.21 million MDL for failing to execute on time the previous Council Decision as of 2020.

We recall that by the Decision No. APD-37/15-44 as of 17.09.2020 (non-confidential version can be accessed here: https://competition.md/public/files/Decizie-Aviainvestf2a79.pdf), the Competition Council found two abusive practices implemented by "Avia Invest" LLC in relation to "MGH Ground Handling" LLC (one of the enterprises providing ground handling services at Chisinau International Airport).

These practices have manifested themselves in: 1) the unfair and unjustified imposition of the duration of the lease agreement and 2) the differentiated application of charges for the provision of lease services to ground-handling enterprises.

Please note that for the infringements committed, the Competition Council sanctioned in 2020 the company "Avia Invest" LLC with 31.63 million MDL and obliged "Avia Invest" LLC, by 31.12.2020, to remedy the infringements found and to inform the Competition Council about the execution of these obligations by 31.12.2020.

The Competition Council also decided that it will apply, as of 01.01.2021, a penalty payment in the amount of 5% of the average daily turnover achieved in the year preceding the sanction, for each day of delay in the timely fulfilment of the obligations prescribed in the Decision as of 17.09.2020.

Following the monitoring of the execution of that Decision, the Competition Council found that "Avia Invest" LLC, during the period 01.01.2021-31.12.2021, did not execute the prescribed obligation concerning the cessation of the infringement with regard to the differentiated application of tariffs for the provision of ground handling services.

Thus, the non-fulfillment of this obligation for one year was the ground for imposing a penalty of 31.21 million MDL on "Avia Invest" LLC.

The Decision of the Competition Council as of 15.06.2022 can be accessed in non-confidential form on the institution's website: Decision of the Plenum of the Competition Council No. APD - 39 of 15.06.2022