On 01.02.2023, the Supreme Court of Justice ruled by its irrevocable decisions (No. 3ra-751/221and No. 3ra-898/222) in favour of the Competition Council in 2 court cases concerning the field of external motor third party liability insurance.
In 2014, following the investigation conducted on the market of issuing and marketing of international insurance certificates “Green Card” it was found that 5 insurance companies (“Moldasig” JSC, “Asito” JSC, “Donaris Group” JSC, “Victoria Asigurări” JSC and “Klassika Asigurări” JSC) violated the Law on Competition by unfair competition actions manifested by spreading false statements about the activity of “Grawe Carat Asigurări” JSC. By the Decision of the General Meeting of Members with full rights of the National Bureau of Motor Insurers (NBMI) as of 27.09.2013, the company “Grawe Carat Asigurări” JSC was excluded from the ranks of members with full rights of the NBMI and its authorization to issue international insurance certificates Green Card for the period 2013-2014 was withdrawn. By Decision No. SSP-26/20143, the insurance companies were sanctioned by fines of 1 415 725 MDL.
In 2015, another investigation of the external compulsory motor third party liability insurance market “Green Card” was concluded by Decision No. DA-78/20154. In this decision, the Council found an anti-competitive agreement by insurance companies through the establishment and implementation of the coordinated identical commission of 15% for the remuneration of insurance-reinsurance brokers for the intermediation service of international insurance certificates “Green Card”. The infringement lasted from 2012 until 2015.
Therefore, the 6 insurance companies involved: “Grawe Carat Asigurări” JSC, “Donaris Vienna Insurance Group” JSC, “Moldasig” JSC, “Asito” JSC, “Moldova-Astrovaz” JSC and “Moldcargo” JSC, were sanctioned by fines, the total amount of which was 10 044 839.22 MDL.
The insurance companies challenged these decisions in court. The Court of First Instance annulled both Council decisions. Subsequently, by decisions of the Chisinau Court of Appeal as of 19.04.20225 and as of 12.07.20226, and irrevocable rulings of the Supreme Court of Justice as of 01.02.2023, the decisions of the Competition Council and, respectively, the sanctions imposed by the competition authority were upheld.
It should be noted that judicial review of the legality of the Decisions of the Plenum of the Competition Council lasted for about 7-8 years.
This is a very important decision for the Competition Council’s practice in finding and sanctioning anti-competitive agreements. The courts have confirmed both the correctness and legality of the Council’s decisions and the sanctions imposed.
1 http://jurisprudenta.csj.md/search_col_civil.php?id=70702
2 http://jurisprudenta.csj.md/search_col_civil.php?id=70703
3 https://competition.md/public/files/uploads/decizii/Binder2.pdf
4 https://competition.md/public/files/DA-78c4cd6.pdf
5 https://cac.instante.justice.md/ro/pigd_integration/pdf/4618f139-e0e4-4d3d-a90f-9574748bc82e
6 https://cac.instante.justice.md/ro/pigd_integration/pdf/dbcc7e74-f5e6-4bb4-b548-cbc5f039820a
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