The Office assessed this form of abuse of a dominant position for example in a case of Slovnaft - a company holding a dominant position in the market of producer-to-wholesaler supplies of oil in the territory of SR. The relevant market in question where the discrimination of undertaking 3H against its rivals took place was the market of producer-to-wholesalers supplies of oil in the territory of Žilina and Trenčín regions, where also the undertaking 3H operated. The abuse of a dominant position in the relevant market by Slovnaft grounded on the application of different conditions of producer-to-wholesalers supplies of oil between Slovnaft’s production plant in Vlčie hrdlo in Bratislava and its commercial division in Horný Hričov. Due to the decision of Slovnaft, 3H undertaking was not allowed to purchase oil from the plant in Vlčie hrdlo and was redirected to the commercial division in Horný Hričov where the purchase price of oil was higher than that of the oil supplied by the plant in Vlčie hrdlo. Decisive in this case was not the fact that the prices of oil in Horný Hričov were higher than those in the production plant, but the proved fact that several competitors of 3H were allowed to continue purchasing oil fuel for lower prices from the plant in Vlčie hrdlo, as a result of which 3H was disadvantaged in the competition. The Office also concluded that in the mentioned time period in Slovakia it was not possible to receive the required amount of the motor oil from other undertakings under the similar price and payment conditions, including regularity and fluency of supplies as the undertaking Slovnaft did. Based on the above, the Office decided that by application of different conditions to producer-to-wholesaler supplies of oil Slovnaft discriminated 3H against its competitors who were active in the same market and were allowed to continue purchasing oil from Slovnaft’s plant in Vlčie hrdlo. By such conduct Slovnaft disadvantaged 3H against its own commercial division in Horný Hričov that was active in the same relevant market as 3H and was 3H’s direct competitor. The Supreme Court of SR also confirmed the decision in question.

 

Undertaking Slovnaft has enforced the similar conduct also against other entrepreneurs in the relevant market of producer-to-wholesaler supplies of oil and in the relevant market of producer-to-retailer supplies of fuels. Also in this case the Office decided that such a conduct of undertaking Slovnaft had a nature of abuse of a dominant position in the relevant market, as enforcing different conditions in goods supplies constitutes disadvantaging of certain undertakings against their competitors.