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THE PLENUM OF THE COMPETITION COUNCIL DECISION NO APD- 42 AS OF 13.11.2014

           
27.11.2014   447 Views    

Competition Council examined the complaint of „Rosla&Co” LLC on „Tarol-DD” LLC actions and bring them to court to prohibit the import and marketing of ПАО „Киевский КБК” production marked with „Tarol-DD” LLC supplies by „Rosla&Co” LLC.

„Rosla&Co”LLC and „Tarol-DD” are the sole importers of  ПАО „Киевский КБК” production in Moldova with equal marketing and developement rights, and marked labels with supplies of both distributors  was performed by the manufacturer in order to reduce costs.

As a result from bringing actions „Tarol-DD„LLC to court, issued a judgment that banned the import and marketing of  ПАО „Киевский КБК” production marked with „Tarol-DD”LLC supplies from „Rosla&Co” LLC, and this fact was informed to „Rosla&Co”LLC customers by bailiff.

„Rosla&Co”LLC tried to cover „Tarol-DD„LLC marked  supplies on products packaging by applying stickers, but Customs Service did not accept imports of such goods in Moldova.

Another problem exposed in the „Rosla&Co” complaint is the alleged practice of a predatory pricing used by „Tarol-DD” LLC.

Thereby, „Rosla&Co” claimed a possible abuse of a dominant position from „Tarol-DD” LLC, act of unfair competition from „Tarol-DD”, and also anticompetitive actions of Customs Service Department.

During the preliminary examination Competition Council found that the „Tarol-DD” LLC undertaking does not hold a dominant position on a moldavian  trading market of toilet paper, thereby cannot be suspected of abusing its dominant position by engaging in predatory pricing. At the same time, the information spread by complained to „Rosla&Co”LLC customers on the existence of a truthful Conclusion  from court , therefore were not detected any act of unfair competition. In addition, as Custom Service Department acted from obligation to execute the  court judgment, Competition Council found no anticompetitive actions from the side of Custom Service Department.

As a resul, from Competition Council Plenum Decision, „Rosla&Co”LLC complaint was rejected by failing no evidence of competition law infringements.

 


Decizia Plenului Consiliului Concurenţei Nr.APD-42 din 13 noiembrie 2014
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