The Council of the Office upheld the decision on the participation of Siemens Aktiengesellschaft Österreich in an agreement restricting competition

18.09.2017
The Council of the Antimonopoly Office of the Slovak Republic (hereafter "the Council of the Office") based on the judgment of the Supreme Court of the Slovak Republic (No. 5Sžhpu/1/2014 dated 28 April 2016) in connection with the judgment of the Regional Court in Bratislava (No.1S 182/ 2009-453 dated 6 August 2014) re-decided on the participation of the company Siemens Aktiengesellschaft Österreich seated at Siemensstrasse 92, A-1210 Vienna, Austria in an agreement restricting competition and on 15 June 2017 it issued a decision of No. 190/2017/ODK-2017/KH/R/2/017, by which it confirmed the correctness of the first-instance decision of the Antimonopoly Office of the Slovak Republic (hereafter "the Office").
 
Pursuant to the provisions of the Article 4 Paragraph 1 in conjunction with the Article 4 Paragraph 3 Letter a, b, c and f of the Act on the Protection of Competition the company Siemens Aktiengesellschaft Österreich infringed the Act by its participation in an agreement restricting competition. Its participants coordinated their behaviour on the relevant market of the production and sale of encapsulated, gas-insulated switchgear (GIS) for applications of 72 kV and higher in the territory of the Slovak Republic by price determination, market allocation, maintaining a stable level of market shares on the basis of pre-approved quotas, by mutual constraints in concluding licensing agreements with third parties and by collusive behaviour in the public procurement process.
 
The Council of the Office considered the fine imposed by the Office as inappropriate to the breach of the provisions of the Act on the Protection of Competition and therefore it changed the amount of fine to EUR 132 770.
 
The decision of the Council of the Office came into force on 17 July 2017.
Last update:18.09.2017