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ABUSE OF A DOMINANT POSITION: AMO SR initiated an administrative proceedings in the matter of possible abuse of dominant position in the area of waste management
Content
On 18 November 2020 the Antimonopoly Office of the Slovak Republic, the Division of Abuse of Dominant Position, (hereafter “the Office”), based on its own initiation, initiated an administrative proceedings in the matter of possible abuse of dominant position pursuant to the Article 8 Paragraph 2 Letter a) of the Act on Protection of Competition (hereafter “the Act”) in the area of waste management.
Pursuant to the stated provision of the Act, the abuse of dominant position on a relevant market is the direct or indirect enforcement of unfair prices or other unfair trading conditions.
The administrative proceedings was initiated by the Office following an investigation, which it carried out on the basis of a written notification. As a part of this investigation, the Office obtained information and documentation raising a reasonable suspicion that by the conduct of an undertaking operating in the area of waste management there may have come to the infringement of the Act, namely by having imposed unfair trading conditions in the area of disposal of mixed municipal waste by landfill against the municipalities Vrutky and Martin from at least the year 2018.
Pursuant to the Article 38 Paragraph 1 of the Act, for the breach of prohibition of abuse of dominant position the Office shall impose a fine on an undertaking of up to 10 % of its turnover pursuant to the Article 3 Paragraph 5 of the Act for the previous accounting period.
The initiation of an administrative proceedings does not imply that a party to the proceedings has infringed competition rules, nor does it prejudge conclusions, which the Office may reach in a decision in the matter itself.
Pursuant to the stated provision of the Act, the abuse of dominant position on a relevant market is the direct or indirect enforcement of unfair prices or other unfair trading conditions.
The administrative proceedings was initiated by the Office following an investigation, which it carried out on the basis of a written notification. As a part of this investigation, the Office obtained information and documentation raising a reasonable suspicion that by the conduct of an undertaking operating in the area of waste management there may have come to the infringement of the Act, namely by having imposed unfair trading conditions in the area of disposal of mixed municipal waste by landfill against the municipalities Vrutky and Martin from at least the year 2018.
Pursuant to the Article 38 Paragraph 1 of the Act, for the breach of prohibition of abuse of dominant position the Office shall impose a fine on an undertaking of up to 10 % of its turnover pursuant to the Article 3 Paragraph 5 of the Act for the previous accounting period.
The initiation of an administrative proceedings does not imply that a party to the proceedings has infringed competition rules, nor does it prejudge conclusions, which the Office may reach in a decision in the matter itself.