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Council of AMO SR issued a decision on the abuse of dominant position in waste management

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The Council of AMO SR annulled the first-instance decision of AMO SR and returned the case to the first-instance body of AMO SR for a new proceeding and a decision.

skládka odpadu
skládka odpadu

On 29 September 2022 the Council of the Antimonopoly Office of the Slovak Republic (hereafter "the Council of the Office") issued a decision No. 2022/DOZ/ZPR/R/46, by which it decided on an appeal lodged by a party to the proceeding against the first-instance decision of the Antimonopoly Office of the Slovak Republic, the Division of Abuse of Dominant Position and Vertical Agreements, (hereafter "the Office") No. 2022/DOZ/POK/2/3 dated 31 January 2022.

In the given first-instance decision, the Office had imposed a fine on an undertaking according to the Article 42 Paragraph 1 Letter b) of the Act No. 187/2021 Coll. on Protection of Competition and on Amendments to Certain Acts (hereafter "the Act") in the amount of EUR 297 533 for the application of unreasonable business conditions - the abuse of dominant position according to the Article 5 Paragraph 3 Letter a) of the Act, which is prohibited according to the Article 5 Paragraph 1 of the Act.

New facts emerged from the proceedings led by the Council of the Office. They had already existed at the time of issuing the first-instance decision and had not been known to the first-instance body. These new facts represent a change in the factual state compared to the one, from which the Office had based when deciding on the matter. For the purpose of correct finding and assessing the factual state, the Council of the Office annulled the first-instance decision and returned the matter to the first-instance body for a new proceeding and a decision.

The decision of the Council of the Office came into force on 30 September 2022.

The Office had informed about issuing the first-instance decision via its press release available at the following link: ABUSE OF DOMINANT POSITION: AMO SR imposed fine of almost 298 thousand euros for the abuse of dominant position in the field of waste management.