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DECISION

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DECISION Powered By Docstoc
					                                                                    No. 07-92/18

        On the basis of article 14 article 15 and article 26 from the Law on
Protection of Competition (“Official Gazette of Republic of Macedonia„ no.04/05,
70/06 and 22/07) and article 205 from the Law on General Administration
Procedure (“Official Gazette of Republic of Macedonia„ no. 38/05), and acting
upon notification from EKO CLUB DOOEL Bitola represented by Sašo
Janakievski manager against JP Council sanitation Skopje, represented by
authorized persons Miroslav Trajanovski, solicitor from Skopje and Svetlana
Trajkova, Graduated Lawyer employed in JP Council sanitation Skopje, for
determining abuse of dominant position in the market of garbage disposal from
the territory of Skopje and all other places gravitating towards Skopje,
Commission for Protection of Competition on the session held on 18.12.2009,
adopted the following:



                                  DECISION

   1. It has been determined that JP Council sanitation Skopje with a head
      office at: 7 July Street No: 256, Skopje, according to the article 13
      paragraph (1) item 1) from the Law on Protection of Competition, has a
      dominant position in the market of garbage disposal from the territory of
      Skopje and all other places, which in line to the guideline on proximity
      from the Law on garbage management (Official Gazette of RM no.68/04,
      107/07 and 143/08), gravitating towards Skopje in relation to disposing
      garbage, because JP Council sanitation Skopje operates with the rubbish
      tip Drisla, as the only rubbish tip in the quoted geographical market
   2. It has been determined that JP Council sanitation Skopje with a head
      office at: 7 July Street No: 256, Skopje, in the period from 31.12.2006 to
      15.01.2007 and in the period from 10.06.2008 to the day of issuing this
      decision has abused its dominant position from item 1) from this Decision,
      by means of article 14 paragraph (2) item 6) from the Law on Protection of
      Competition, in a manner of non justified refusal to allow to EKO CLUB
      DOOEL Bitola for an appropriate remuneration access to the rubbish tip
      Drisla consequently disabling EKO CLUB DOOEL Bitola to act as a
      competition to the JP Council sanitation Skopje in the market of garbage
      disposal from the territory of Skopje and all other places, which in line to
      the guideline on proximity from the Law on garbage management
      gravitating towards Skopje.
   3. Abuse of the dominant position is forbidden according to the article 14
      paragraph (1) from the Law on Protection of Competition.
   4. It has been ordered to the JP Council sanitation Skopje
      - From the day this Decision comes in effect to allow to EKO CLUB
          DOOEL Bitola for an appropriate remuneration access to the rubbish
          tip Drisla and


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   -  Within 30 days from the day this Decision comes in effect to issue
      appropriate acts establishing non discriminatory approach and
      conditions for access to a third parties to the rubbish tip Drisla ensuring
      the same acts are made available to the Commission for Protection of
      Competition within 5 days from the issue date.
5. Not obeying the item 4) from the tenor of this decision signify an offence
   according to the article 47 paragraph (1) item 3) from the Law on
   Protection of Competition.

Legal remedy: Against this decision a complaint for initiating administrative
procedure can be lodged within thirty (30) days from the day of delivery.


                                                                   President
                                                           Čedomir Kraljevski




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