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ABUSE OF A DOMINANT POSITION: AMO SR initiated an administrative proceedings in the matter of a possible abuse of a dominant position in carrying out collective management of rights

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On 20 July 2020 the Antimonopoly Office of the Slovak Republic, the Division of Abuse of a Dominant Position and Vertical Agreements, (hereafter “the Office“) initiated, based on its own initiative, an administrative proceedings in the matter of a possible abuse of a dominant position according to the Article 8 Paragraph 2 Letter a) of the Act on Protection of Competition and the Article 102 Letter a) of the Treaty on the Functioning of the European union.
 
On the basis of an investigation carried out by the Office, it obtained information and documentation raising a reasonable suspicion that the conduct of an undertaking operating in the area of carrying out collective management of rights in public transmission and technical presentation through technical equipments in rooms of accommodation facilities in the territory of the Slovak Republic may constitute the application of disproportionate prices.

 According to the Article 38 Paragraph 1 of the Act on Protection of Competition, for the violation of the prohibition to abuse dominant position the Office shall impose a fine on the undertaking of up to 10 % of the turnover according to the Article 3 Paragraph 5 of the Act.
 
The initiation of the administrative proceedings does not mean that the party to the proceedings has violated competition rules, nor does it prejudge the conclusions that the Office may come to in its decision.