CPC - Commission for the Protection of Competition

10/13/2021 | Press release | Distributed by Public on 10/13/2021 00:14

13/10/2021 - PRESS RELEASE: The Administrative Court has upheld the decision of the Commission for the Protection of Competition and the fine imposed on the Cyprus[...]

The Administrative Court of the Republic of Cyprus has, by its decision no. 698/2015 dated 17/09/2021, upheld the decision of the Commission for the Protection of Competition (hereinafter "the Commission") no. 7/2015 dated 5/03/2015, by which the Commission imposed a fine of €1.016.425 on the Cyprus Telecommunications Authority (hereinafter "CYTA") for infringements of articles 6(1)(a) and 6(1)(b) of the Protection of Competition Law of 2008 (hereinafter "the Law").

The Court has ruled that the Commission's conclusion that CYTA infringed the Law was the result of a full and duly conducted investigation.

By its decision the Commission had concluded that CYTA had infringed the Law as follows:

(a) Infringement of article 6(1)(a) in relation to the imposition of unfair prices in its agreements of 8/02/2008 and 5/11/2009 with Primetel PLC for the right of use of capacity in the submarine sub-system MINERVA in the route from Cyprus to London/Frankfurt, and

(b) Infringement of article 6(1)(b) in relation to its refusal to accept the payment of the amounts due by Primetel PLC, on a yearly basis, for the running costs and servicing of the sub-system MINERVA, in installments or by otherwise facilitating the payment, taking into consideration that the whole of the contract amount for the right of use was prepaid.

By its decision the Commission had concluded that CYTA had held a dominant position in the market of international capacity in submarine communication systems terminated in Cyprus and thus its actions had infringed the Law, as they adversely affected the activities of Primetel PLC in the market of mobile telephony, to the detriment of consumers.

COMMISSION FOR THE PROTECTION OF COMPETITION