The Decision of the Competition Council Plenum No. APP - 27/21-45 as of 12.10.2023

On 19.08.2021, the Plenum of the Competition Council, based on the complaint received from "Franzeluța" SA, and the information accumulated during the preliminary examination, ordered by Disposition No. 27 initiation of an investigation regarding the signs of violation of the provisions of Article 11 paragraph (1) and (2) letter a) from the Competition Law no. 183 of 11.07.2012 by "Apă - Canal Chișinău" SA by imposition of unfair trading conditions in relation to "Franzeluța" SA for the provision of the public sewage service.

The object under investigation refers to the behavior of "Apă - Canal Chișinău" SA regarding the imposition of unfair trading conditions for the provision of the public sewage service in relation to "Franzeluța" SA, manifested by the imposition of a debt payment.

During the investigation it was found that "Apă-Canal Chișinău" SA holds a dominant position on the market for the provision of the public sewage service in the municipality of Chișinău.

At the same time, it was found that the debt imposed on "Franzeluța" SA, was calculated in accordance with the provisions of Article 27 paragraph (3) from the Law on public water supply and sewerage service No. 303 of 13.12.2013.

It was also established that by signing the settlement agreement of 31.10.2022, "Franzeluța" SA recognized and fully paid the debt claimed by "Apă - Canal Chișinău" SA for the period 01.09.2018 - 01.10.2022.

Thus, taking into account the fact that the debt imposed on "Franzeluța" SA was based on a legal norm, being later recognized and paid in full on the basis of a settlement agreement, the lack of unfairness of the fact investigated was found.

In this regard, the Competition Council's Plenum, by Decision no. APD-27/21-45 of 12.10.2023 ceased the investigation of the case in connection with the fact that during the investigation no sufficient evidence was found regarding the violation of the provisions of Article 11 paragraphs (1) and (2) letter a) of Competition Law No. 183 of 11.07.2012 by the "Apă - Canal Chișinău" SA against "Franzeluța" SA, which would justify the application of corrective measures or sanctions.