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CARTELS: AMO SR initiated administrative proceedings against undertakings in relation to the breach of their obligation to submit required documentation or information to AMO SR within a stipulated time limit and in a set quality

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Since the beginning of the year 2021, the Antimonopoly Office of the Slovak Republic, the Division of Cartels, (hereafter “the Office”) has initiated, based on its own initiative, three administrative proceedings in the matter of imposition of a fine on undertakings pursuant to the Article 38a Paragraph 1 Letter a) of the Act on Protection of Competition (hereafter "the Act"). Thus, the proceedings have been connected with the breach of undertakings´ obligation to cooperate with the Office in the form of submitting required documentation or information to the Office within a time limit specified by the Office and in a quality set by the Act.

These are separate administrative proceedings, which concern totally three different undertakings and the Office initiated them on 3 January 2021, 11 February 2021 and 12 February 2021.

In accordance with the provision of Article 22 Paragraph 2 of the Act, the Office has a right to request from undertakings information and documentation that are necessary for its activities.

In the cases concerned, the Office requested the undertakings to provide it with complete and true certain documentation or information within a time limit stipulated by it. The undertakings did not submit them to it within the stipulated time limit, resp. until now the undertakings have submitted incomplete documentation or information and have not completed the missing part of information.

For the breach of an obligation to submit documentation or information to the Office within a specified time limit, for the submission of false or incomplete documentation or information, or for a failure to allow the Office to verify them, pursuant to the provision of the Article 38a Paragraph 1 of the Act the Office shall impose a fine on the undertaking of up to 1 % of the turnover for a previous accounting period.

Following the above stated, the Office is adding that the initiation of administrative proceedings does not imply that the parties to the proceedings have infringed the Act, nor does it prejudge the conclusions, which the Office may come to in its decisions.