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AMO SR imposed a fine on the undertaking Slovenská pošta, a.s., for a failure to submit required documentation and information within a stipulated time limit and the submission of false information

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On 26 October 2020 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 of EUR 330 867 on the undertaking Slovenská pošta, a.s., (hereafter "Slovenská pošta”) for a failure to submit required documentation and information within a time limit stipulated by the Office and the submission of false information, whereby the undertaking breached the obligation set by the Article 22 Paragraph 2 of the Act.
 
The Office initiated the administrative proceedings in question on 7 May 2020 in the matter of a failure to submit required information within a time limit stipulated by the Office. In the course of the administrative proceedings in question, it reclassified a part of the conduct of the company Slovenská pošta as the submission of false information.
 
The Office has been carrying out an investigation in the field of ​​production and delivery of mass-delivered letter consignments and advertising addressed consignments in the territory of the Slovak Republic. In the framework of this investigation, the Office requested Slovenská pošta to submit documentation and information necessary for the Office's further action.
 
The required information and documentation were not submitted to the Office within stipulated time limit. Therefore, the Office initiated an administrative proceedings in the matter of a breach of the obligation to submit required documentation and information within a time limit stipulated by the Office. These were submitted only after multiple communications with the party to the proceedings and the urgencies of the Office. In addition, within the part of submitted documentation and information, the Office identified that false information and documentation were submitted.
 
The conduct based on the failure to submit required documentation and information within a time limit stipulated by the Office and the submission of false information resulted in a slowdown of the ongoing investigation. This may have a negative impact on the Office's ability to effectively exercise its power in protecting competition.