On 4 November 2021, the Slovenian Competition Protection Agency issued an order on the commencement of procedure for infringement of Article 9 of ZPOmK-1 (Official Gazette of the Republic of Slovenia, No. 36/08, 40/09, 26/11, 87/11, 57/12, 39/13 US Decree No 36/08, 40/09, 26/11, 87/11, 57/12, 39/13 Odl. US, 33/14, 76/15 in 23/17; hereinafter: ZPOmK-1) and Article 102 of the Treaty on the Functioning of the European Union (Official Journal of the European Union C 325 of 26.10.2012, hereinafter: TFEU) against the undertaking PLASTKOM predelava industrijskih surovin d.o.o., Spodnji Plavž 14, 4270 Jesenice (hereinafter: Plastkom).
It has been established that Plastkom is likely to abuse its dominant position on the market for the processing of electronic and paraffin waste grave candles on the territory of the Republic of Slovenia, in particular by making the continuation of business cooperation with the providers of joint waste grave candles management plans (hereinafter: the providers of joint management plans) conditional upon the conclusion of new contracts in such a way that the providers of joint management plans are obliged to deliver to Plastkom for processing the entire quantity of waste grave candles collected from their obliged contractors who are included in the joint management plan of each provider, and by excessively increasing the prices for the treatment and processing of waste grave candles, in particular of electronic ones. By doing so, Plastkom infringed Article 9 of the ZPOmK-1 and Article 102 TFEU, thereby substantially impeding effective competition on the market for the processing of waste grave candles in the territory of the Republic of Slovenia and thus in a substantial part of the internal market of the European Union, with the potential to affect trade between the Member States of the European Union.
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