The Competition Council Plenum Decision No. APD - 9/16 - 34 as of 16.07.2020

On June 9, 2016, the Plenum of the Competition Council, following the examination of the complaint filed by the Moldovan Banks Association, initiated the investigation regarding the signs of violation of the provisions of art. 11 para. (2) let. a) and c) of the Competition Law no. 183 of 11.07.2012 by the enterprises „Moldovagaz" JSC, „Gas Natural Fenosa Furnizare Energie" LLC (current „Premier Energy" LLC) and „Furnizare Energiei Electrice Nord" JSC, namely by imposing unfair prices and applying unequal conditions to banks for the service of receiving non-communal payments in relation to the Post of Moldova, thus creating a competitive disadvantage for banks.

During the investigation, sufficient evidence was not established that would demonstrate the imposition by „Moldovagaz" JSC, „Premier Energy" LLC and „Furnizare Energiei Electrice Nord" JSC, to commercial banks, of lower fees for the provision of the service of receiving payments for non-communal services, as the provision of these services took place under contracts concluded and negotiated directly with suppliers, and commercial banks have the option not to conclude such contracts and to waive the provision of payment services if this is not advantageous economically, thus not having a legal obligation in this regard.

The service of receiving payments for non-communal services is not an indispensable service in carrying out the core business of commercial banks.

At the same time, not enough evidence was established that would demonstrate the application by the suppliers to commercial banks of unequal conditions for the provision of the service of receiving payments for non-communal services in relation to the Post of Moldova, because the provision of this service by the Post cannot be considered equivalent to the provision of the service by commercial banks. Post of Moldova has a territorial network of 1183 post offices / agencies, serving about 1527 localities of the country. At the same time, over 1000 offices are located in rural areas, where most of the population cannot benefit from the services provided by banking institutions, without incurring any additional travel expenses to district centers or larger cities. Moreover, depending on the network owned, banks with more subsidiaries and agencies were able to negotiate a higher commission compared to smaller banks, which argues that the service provided by economic entities with a larger network of commercial offices, is not equivalent to the service provided by economic entities that have smaller networks of commercial offices.

On 16.07.2020, the Plenum of the Competition Council, by Decision no. APD-9 / 16-34, ceased the investigation of the case in connection with the fact that during the investigation no sufficient evidence was found regarding the violation of the provisions of art. 11 para. (1) and (2) let. a) and c) of the Competition Law no. 183 of 11.07.2012 by „Moldovagaz" JSC, „Premier Energy" LLC and „Furnizare Energiei Electrice Nord" JSC, which would justify the application of corrective measures or sanctions.