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AMO SR again decided about the abuse of dominant position in rail freight transport

Updated on:
On 19 July 2019 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 it imposed a fine in the amount of EUR 2 990 651 on an undertaking operating in the area of rail freight transport for the abuse of dominant position.

The Office's findings showed that the undertaking in its dominant position refused to sell/lease electric locomotives during the period of years 2005 - 2010 and it also refused to provide the service of refueling motor locomotives. The conduct in question was assessed by the Office as the practice of a refusal to supply pursuant to the Article 8 Paragraph 2 Letter b) of the Act on Protection of Competition and the Article 102 Letter b) of the Treaty on the Functioning of the European Union.

The decision was issued within the proceedings, in which the Office had already decided once, but the original decision had been annulled by the Regional Court in Bratislava and the Supreme Court of the Slovak Republic. In the current decision, the Office took into account the objections of the courts.

The decision has not come into force yet.