On taking temporary measures for restoring competition in the rental market for storing and trading facilities of agro-food products in the city of Tirana
By decision no. 542, dated 04.09.2018 “On taking temporary measures for restoring competition in the rental market for storing and trading facilities of agro-food products in the city of Tirana.” The Competition Commission, given the fact that the company EKMA ALBANIA has a dominant position in this market and is the only one who provides rental service for storing and trading of agro-food products in the city of Tirana, has concluded that we are faced with an emergency situation due to the risk of serious and irreparable damage to competition in this market.
For these reasons, the Competition Commission decided:
I. Prohibition of abuse of the dominant position by the company EKMA ALBANIA SHA;
II. Taking a temporary measure against the company EKMA ALBANIA SHPK in order to restore the competition in the rental market for storing and trading of agro-food products in the city of Tirana, namely:
1. Drafting rental contracts based on the provisions of the Civil Code (for the rental contract) to place its parties, tenants and landlords on equal contractual terms in accordance with law and good commercial practices.
2. The Landlord applies reasonable cost-oriented prices and average rental price of the geographic area;
3. The Landlord should be transparent in detailing the respective voices and values included in the rental bill;
4. EKMA ALBANIA SHPK must immediately stop charging over the legal price approved by the competent institutions (invoiced by OSHEE and UKT);
5. The rental price must be negotiated at the beginning of the contract and must be stable until the end of the contract term in favor of the tenant, allowing it to create financial sustainability.
III. EKMA ALBANIA SHPK, within 30 days from receiving the decision of the Competition Commission to submit to the Competition Authority the revised rental contract pursuant to the above points.
IV. If the company EKMA SHQIP SHPK does not interrupt the violation of Article 9 of Law no. 9121/2003 and does not comply with the obligations and within the time limits specified in this decision, the Competition Commission shall impose periodic fines up to 5% of the average daily turnover of the previous financial year, until the undertaking EKMA ALBANIA acts in accordance with this Decision , pursuant to Article 76, paragraph 1, letter (a) and (c) of Law no. 9121/2003.
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