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MERGERS: AMO SR imposed a fine on an undertaking for non-notified merger and its implementation
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On 14 February 2017 the Antimonopoly Office of the Slovak Republic, the Division of Concentrations, (hereafter “the Office”) issued a decision, by which pursuant the Article 38 Paragraph 1 point c) and point d) of the Act No. 136/2001 on Protection of Competition and on Amendments and Supplements to the Act of the Slovak National Council No. 347/1990 Coll. On Organization of Ministries and Other Central Bodies of State Administration of the Slovak Republic as amended, as in force until 17 April 2016 (hereafter “the Act”) in connection with the provision of § 38e of the Act it imposed a fine in the total amount of EUR 3 000 on the undertaking Imre Fazakas, permanently residing at Gyöngvirag u. 18, Budakeszi 2092, Hungary (hereafter “Imre Fazakas”).
The undertaking infringed the provision of the Article 10 Paragraph 7 of the Act during the period from 20 October 2015 to 23 December 2015 by having not notified a merger grounded in the acquisition of indirect exclusive control of the undertaking Imre Fazakas over the undertaking NORMESTON GROUP LIMITED CYPRUS, Cyprus and the undertaking NORMESTON TRADING LIMITED, Belize created on 20 October 2015 (hereafter “the merger”) in a way stated in the decision of the Antimonopoly Office of the Slovak Republic No. 2016/FK/3/1/011.
The undertaking Imre Fazakas also infringed the provision of the Article 10 Paragraph 11 of the Act during the period from 20 October 2015 to 24 March 2016 by having performed the rights and obligations arising from the merger before the Office’s final decision.
Acquired companies in the territory of the Slovak Republic operate in the market of retail sale of diesel, gasoline and LPG (the operation of gas stations LUKOIL) and the market of trading in crude oil.
The decision came into force on 3 March 2017.
The undertaking infringed the provision of the Article 10 Paragraph 7 of the Act during the period from 20 October 2015 to 23 December 2015 by having not notified a merger grounded in the acquisition of indirect exclusive control of the undertaking Imre Fazakas over the undertaking NORMESTON GROUP LIMITED CYPRUS, Cyprus and the undertaking NORMESTON TRADING LIMITED, Belize created on 20 October 2015 (hereafter “the merger”) in a way stated in the decision of the Antimonopoly Office of the Slovak Republic No. 2016/FK/3/1/011.
The undertaking Imre Fazakas also infringed the provision of the Article 10 Paragraph 11 of the Act during the period from 20 October 2015 to 24 March 2016 by having performed the rights and obligations arising from the merger before the Office’s final decision.
Acquired companies in the territory of the Slovak Republic operate in the market of retail sale of diesel, gasoline and LPG (the operation of gas stations LUKOIL) and the market of trading in crude oil.
The decision came into force on 3 March 2017.