The Bratislava Regional Court confirms strict criteria that courts have on reasoning of decisions of the Antimonopoly Office (SLOVNAFT)

Factual background Regional Court Bratislava (“Court“) overruled, in its judgment dated 15 December 2009, two decisions of the Slovak Antimonopoly Office (the “AMO”), namely the first instance decision No. 2006/DZ/2/1/140 dated 22 December 2006 and the appellate decision No. 2007/DZ/R/2/102 dated 7 December 2007 (collectively as “AMO Decisions”) finding an abuse of dominant position of SLOVNAFT, a.s. (“Slovnaft“) and imposing a fine of SKK 300 mil. (approx. EUR 10 mil.). The matter was returned to AMO. AMO will proceed with the matter again. In the new decision, AMO will have to take into account the legal view presented by the Court. Summary of AMO Decisions In its Decisions, AMO concluded that Slovnaft had a dominant position on the relevant markets in the Slovak Republic, defined as (i)

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Authors

  • Kinstellar (Prague)
  • Kinstellar (Bratislava)

Quotation

Zuzana Hodonova, Roman Oleksik, The Bratislava Regional Court confirms strict criteria that courts have on reasoning of decisions of the Antimonopoly Office (SLOVNAFT), 15 December 2009, e-Competitions December 2009, Art. N° 30641

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