Competition Council Plenum Decision No. APD–48/19-07 of March 02, 2023

On November 14, 2019, based on the „Aron Group" SRL complaint, as well as other collected information during the preliminary examination, the Plenum of the Competition Council ordered by Disposition No. 48 the initiation of the investigation regarding the signs of violation of Article 11 paragraph (1) and (2) letter f) of the Competition Law No. 183/2012 by „Avia Invest" SRL through the unjustified refusal to lease premises within the terminal of International Airport Chișinău.

The object under investigation is the refusal of „Avia Invest" SRL to lease associated commercial premises within the airport terminal to some economic agents that perform economic activities regarding: ticket sales, car rental, banking services and ground handling services to airlines.

Thus, during the investigation it was found that „Avia Invest" SRL holds a dominant position on the market of provision of associated commercial premises within terminal of International Airport Chișinău.

At the same time, it was found that provision of associated commercial premises within terminal of International Airport Chișinău by „Avia Invest" SRL does not represent an indispensable product in order to carry out economic activities regarding ticket sales, car rental, banking services and ground handling services to airlines, for the reason that this kind of economic activities can be provided throughout the territory of the Republic of Moldova.

Also, it was found that the refusal of „Avia Invest" SRL to lease associated commercial premises within the airport terminal in order to provide ground handling services to airlines did not affect competition on the given market. Ground handling company provided the full package of ground handling services to airlines during the period of January 01, 2014 - November 13, 2020.

Based on the findings of the investigation, the Plenum of the Competition Council ordered by Decision No. APD-48/19-07 from March 02, 2023 to cease the examination of the case regarding the fact that during the course of the investigation no sufficient evidence was found related to the violation of the provisions of Article 11 paragraph (1) and (2) letter f) of the Competition Law No. 183/2012 that would justify the application of corrective measures or sanctions.