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AMO SR initiated the administrative proceedings for failure to make the inspection

Updated on:
The Antimonopoly Office of the Slovak Republic, Division of Abuse of a Dominant Position and Vertical Agreements based on its own incentive started the administrative proceedings against the undertaking in the matter of possible imposing the procedural fine pursuant to the article 38, par. 5 of the Act No. 136/2001 Coll. on Protection of Competition as amended (hereinafter only „the Act“).

The administrative proceedings was initiated based on the Office´s conclusion that the undertaking disabled the Office to make an inspection in its premises, namely it did not fulfil its obligation to provide the Office´s employees with the required information necessary for making inspection at this undertaking.

Such conduct may be contrary to the article 40 of the Act.

The right of the Office to make an inspection is one of the most important investigating rights of the Office enabling the Office to reveal the infringement of the provisions of the Act. Infringement of the obligations pursuant to the article 40 of the Act generally has negative consequences both on the Office´s activities and on proper revealing of anticompetitive conduct. Provisions on obligations of the undertaking to cooperate with the Office and the corresponding provisions on sanctions for infringement of these obligations should ensure that the Office is not ignored by the investigated subjects. If the infringement of the Article 40 of the Act is proved the undertaking may be imposed a fine of up to 1% of its turnover for the preceding closed accounting period and pursuant to the article 38, par. 5 of the Act this fine is being imposed obligatory.

The fact that the Office conducted and carried out inspections does not imply that the entities concerned have infringed the competition rules, nor does it prejudge the conclusions of the investigation.