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CARTELS: AMO SR stopped the administrative proceedings for the suspicion of a cartel in public procurement and stopped also the investigation of related cases

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On 6 March 2017 the Antimonopoly Office of the Slovak Republic, the Division of Cartels, (hereafter "the Office") stopped the administrative proceedings conducted in the matter of a possible agreement restricting competition, concluded between the undertakings DWC Slovakia, a.s, and TEMPEST, a.s., who were participating to the public procurement, the contract of which was titled "Elektronické služby Úradu priemyselného vlastníctva SR" (Electronic Services of the Industrial Property Office of the Slovak Republic).
The Office stopped the administrative proceedings, because in the proceedings it was not proved that the parties to the proceedings had infringed the provisions of the Act on Protection of Competition.
The Office acquired documentation and information during an unannounced inspection at the premises of one of the participants to the proceedings. Conducting of that inspection and also of other inspections at other undertakings in the related cases were according to the decisions of the Supreme Court of the Slovak Republic assessed as not in compliance with the law.
Regarding to the above mentioned facts, the Office was forced to proceed to the revision of the option of using these documentation and information and subsequently it stopped the proceedings.
For the mentioned reasons, the Office stopped the investigation of other public procurements, which were financed from the state budget of the Slovak Republic and from the European Regional Development Fund within the Operational Programme Informatization of a Society and which were associated with the inspection.