Company Česká rafinérská fined 6 million CZK
“The company concerned abused its dominant position on the market of petrochemical products. Česká rafinérská, during the negotiation on purchase conditions, interrupted on 31 May 2002 at the midnight for 39 hours without justifiable reason supplies to its long-term purchaser, the company Chemopetrol,” stated the Chairman of the Office Mr. Josef Bednář, who prohibited this type of abuse of dominant position to future.
A refusal to supply for certain period of time would not have been the breach of competition act, if the dominant undertaking have had sufficiently justifiable reason to that. “I came to the conclusion, with respect to the submitted evidence, that Česká rafinérská had been aware of necessity to continue in co-operation in future. According to the evidence, the companies concerned did not consider all possible solutions,” stated the Chairman of the Office Mr. Josef Bednář.
The anticompetitive conduct of the Česká rafinérská caused the detriment to the company Chemopetrol. “Also by the fact that after the supply interruption, it was forced to use such activity, which consisted in realization of particular actions averting the danger resulting from the supply interruption, and which had the impact also in the financial area,” added the Chairman of the Office Mr. Josef Bednář, who after a new assessment of the case decreased the fine imposed.
According to the first-instance decision of the Office of 31 October 2002, which was appealed by the undertaking Česká rafinérská, this company was obliged to pay the fine in amount of CZK 8 million.
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