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MERGERS: AMO SR fined the undertaking Invest Liptov, a.s., for failure to submit true information

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On 16 July 2018 the Antimonopoly Office of the Slovak Republic, the Division of Concentrations, (hereafter "the Office") issued a decision imposing a fine in the amount of EUR 3 360 on the undertaking Invest Liptov, a.s., (hereafter "the undertaking") for the breach of the obligation set by the Article 22 Paragraph 2 of the Act on Protection of Competition.

The Office conducted general investigation in the matter of the potential breach of the Act by failing to notify the merger related to operating recreational facilities and providing related services. During it the Office requested documentation and information also from the undertaking concerned. The undertaking breached the obligation set by the Article 22 Paragraph 2 of the Act on the Protection of Competition by submitting false documentation and information to the Office.

The power to request documentation and information during investigation is one of the Office's most essential and most frequently used investigative powers.

Failing to submit complete and true documentation and information requested by the Office within stipulated time limit has a negative impact on the possibility of effective exercise of the Office's powers in competition protection. Such conduct makes it more difficult to investigate and to reveal and to prove breach of competition rules. In this context, the Office points out the importance of submitting true and complete documentation and information from the side of undertakings, since their replies may contribute to the clarification of the factual state.

With regard to the circumstances of the case, the Office imposed a fine on the undertaking at the statutory upper limit (up to 1 % of the turnover).
The decision came into force on 31 July 2018.