The Competition Commission, in its meeting on 28.07.2023, considered the case for imposing a fine on the company AIR BP ALBANIA SHA for declaring incomplete and incorrect data.
In terms of Article 55 of Law no. 9121/2003 “On the protection of competition” and the Regulation “On the implementation of the procedures of the concentration of enterprises”, the Competition Authority has requested and evaluated the documentation of the file filed by the company AIR BP ALBANIA SHA from which it was found that this company has not declared precisely the date of conclusion of the agreement.
From the filed documentation, it is estimated that the violation of the company AIR BP ALBANIA SHA is of an administrative nature, since the declaration of incorrect data pursuant to Article 55 constitutes a minor violation of Law no. 9121/2003 and pursuant to article 73, point 1 letter b) of law no. 9121, dated 28.07.2003 “On the protection of competition”, the Competition Commission imposes a fine of no more than 1% of the total turnover of the preceding financial year, on enterprises or groups of enterprises if they provide incorrect, incomplete data or false information in the notifications, according to articles 12 and 49 of this law, or incorrect and incomplete additional data and documents, according to article 55 of this law.
For these reasons, the Competition Commission with decision no. 1005, dated 28.07.2023, decided to deposit incomplete and incorrect data in the sense of Article 55 of Law no. 9121/2003 “For the protection of competition”, to fine the company AIR BP ALBANIA SHA in the amount of 3,000,000 ALL (three million) ALL.
Also, during the same meeting, the Competition Commission considered the case of the concentration of the companies Eólica CQN Uno SpA and Eólica CQN Dos SpA from the company Empresa Eléctrica Pilmaiquén S.A.
The notified concentration will not create an overlap or upstream or downstream relationship between the activities of the parties at the national level and for these reasons, the intended transaction will not bring any change and will not have any impact on the Albanian market.
For these reasons, the Competition Commission with Decision no. 1006, dated 28.07.2023, decided to authorize the concentration realized through the acquisition of control of the companies Eólica CQN Uno SpA and Eólica CQN Dos SpA from the company Empresa Eléctrica Pilmaiquén S.A.
In addition, please consult the official website of the Competition Authority at https://caa.gov.al.