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AMO SR imposed a fine for the failure to submit documentation and information within stipulated time-limit

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On 26 June 2018 the Antimonopoly Office of the Slovak Republic, the Division of Abuse of Dominant Position and Vertical Agreements, (hereafter "the Office") issued a decision by which, pursuant to the Article 38a Paragraph 1 Letter a) of the Act on Protection of Competition (hereafter "the Act"), it imposed a fine in the amount of EUR 1 000 on the undertaking Ochranné združenie interpretov Slovenska (Protective Association of Performers of Slovakia) seated at Tomášikova 5/A, 821 01  Bratislava (hereafter "OZIS") for the failure to submit documentation and information within time-limit stipulated by the Office, by which the undertaking breached the obligation set by the Article 22 Paragraph 2 of the Act.
On 30 March 2017 the Office initiated the investigation in the field of the exercise of collective rights management according to the Copyright Act in the territory of the Slovak Republic in order to ascertain whether the conduct investigated in the field concerned may constitute a breach of the Act, and thus whether there is a reason to initiate the administrative proceedings.
In the framework of this investigation, the Office addressed, among other subjects, also the undertaking OZIS as an organization performing collective rights management in the territory of the Slovak Republic. On 14 November 2017 the Office requested OZIS to submit documentation and information closely related to the subject matter of the investigation. At the request of OZIS, the original time-limit for submitting the documentation and information requested was extended to 27 working days in total. These documents were properly received by OZIS.
The information nor documentation requested were not submitted to the Office despite urging. Therefore, the Office initiated the administrative proceedings in the matter of the failure to submit documentation and information within stipulated time-limit. The Office delivered the call before issuing decision as well as the decision itself to the undertaking OZIS. Until now, OZIS has not submitted the documentation nor information in question and during the year 2018 it did not take over any document addressed to him in the framework of the communication with the Office in connection with the administrative proceedings in question within the time-lime for taking it over. Thus, the documents in question were delivered pursuant to the procedural rules (fictitious delivery), i. e. the document is deemed to have been delivered on the date of return of the undelivered consignment to the administrative authority (after the expiry of the postal period of 18 calendar days), even if the person entitled to act for a legal person does not know about it.
The decision came into force on 8 August 2018.