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Summary of the Competition Council Decision No. APD-34/17-38 as of 14.06.2018

           
17.09.2018   501 Views    

On November 13, 2017, the Plenum of the Competition Council ordered by Provision no. 34 initiation of an investigation regarding the signs of violation of the provisions of Article 11 (2) let. a) of the Competition Law no. 183 from July 11, 2012 by „Cereale-Cupcini" JSC regarding the imposition of unfair trading conditions in rendering services for loading and unloading of wheat to the final beneficiaries of wheat selected by the Material Reserves Agency.

The action investigated by the Competition Council referred to the imposition of disproportionate tariffs on the wheat loading services under the procedure initiated by the Government Decision no. 281 of May 3, 2017 regarding the refresh with time delay of the wheat from the state material reserves.

Following the market analysis, it was established that „Cereale-Cupcini" JSC  holds a dominant position on the market for provision of loading / release services of wheat stored at the storage point of [...] JSC to the economic agents - final beneficiaries of wheat selected by ARM in order to implement the Government Decision no. 281 of May 3, 2017, on the territory where „Cereale-Cupcini" JSC operates.

At the same time, it was found that during the year 2017 the Depositary applied disproportionate tariffs to "Wetrade Agro" LLC for the loading and unloading services of the wheat from the state material reserves under the procedure of wheat refresh with time delay, procedure initiated on the basis of Government Decision no. 281 of May 3, 2017.

The „Cereale-Cupcini" JSC action against "Wetrade Agro" LLC is unfair, representing a coercive and exploitative action of the final beneficiary of wheat by imposing a disproportionate tariff on the wheat loading service.

Therefore,„Cereale-Cupcini" JSC committed an abuse of a dominant position and thus violated the provisions of Article 11 (1) and (2) let. a) of the Competition Law no. 183 from July 11, 2012.

By Decision no. APD-34/17-38 of June 14, 2018 the Plenum of the Competition Council found the violation of the provisions of Article 11 (1) and (2) let. a) of the Competition Law no. 183 from July 11, 2012 and applied to the „Cereale-Cupcini" JSC a fine in the amount of 51 693 lei.

 

 

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