BID RIGGINGS BY “COMERȚ–GAZ” LLC AND “DOMINIC” LLC DEFINITIVELY CONFIRMED BY THE COURTS

The Supreme Court of Justice on 28 September 2022 definitively confirmed the legality and the merits of the decision of the Plenum of the Competition Council as of 30.11.2017.  

The Competition Council, through this decision, found the participation with rigged bids of the enterprises "Comerț - Gaz LLC" and "Dominic" LLC in the public tender as of 20.01.2016 organized by the Municipal Enterprise Regia "Autosalubritate". Respectively, for the infringement of Article 5 of the Competition Law, a fine of 2 571.671 MDL was imposed on "Dominic" LLC and a fine of 998 343.33 MDL was imposed on "Comerț - Gaz" LLC.

The cartel found was achieved through direct contact and materialised through the exchange of strategic information, operating from the same identical address and having common employees.

The decision was challenged in court by both enterprises. The Supreme Court of Justice, after examining the cases given with the participation of the parties' representatives, definitively confirmed the legality and the soundness of the decision given by the Competition Council.

For more details, visit the links:

Decision of the Plenum of the Competition Council:

Decision of the Plenum of the Competition Council No. DA - 60 of 30.11.2017

Decisions of the Supreme Court of Justice:   

Decision of the Enlarged Civil, Commercial and Administrative Litigation Board of the Supreme Court of Justice No. 3ra-892/21 of 28 September 2022

Decision of the Enlarged Civil, Commercial and Administrative Litigation Board of the Supreme Court of Justice No. 3ra-1060/21  of 28 September  2022