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Thursday, November 7, 2024

GCCA makes decision on complaint filed by “Expertise, Construction, Design” Ltd.

The Georgian Competition and Consumer Agency (GCCA) has decided that Expertise, Construction, Design" Ltd's complaint is inadmissible.

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Georgia: The Georgian Competition and Consumer Agency (GCCA) has decided that Expertise, Construction, Design” Ltd’s complaint is inadmissible.

The complaint was about – the fact of the alleged violation of Article 7 of the Georgian Law (Restricting Competition Agreements) on the competition by LLC “Georgian Water and Power” and LLC “Unified National Accreditation Authority – Accreditation Center.”

During the admissibility stage, the Georgian Competition and Consumer Agency (GCCA) determined that the disputed actions did not meet the criteria outlined in Article 7 of the Law of Georgia on Competition. It was found that the LEPL “The Unified National Accreditation Body – Accreditation Center” functions as an administrative body, not as an economic entity, and therefore does not qualify as a subject under Article 7.

Additionally, the crucial requirement for establishing a violation having at least two undertakings involved in an agreement, decision, or coordinated action that restricts competition was not met in this case. Regarding the alleged non-fulfillment of contractual obligations by “Georgian Water and Power,” this matter does not fall within the jurisdiction of the GCCA.

As a result of its analysis of the factual and legal circumstances, the Georgian Competition and Consumer Agency (GCCA) determined that the complaint did not meet the standard of material admissibility.

The agency found that there was no relevant legal basis, no violation of the contested norm, and no reasonable suspicion of a breach of competition law. Therefore, the GCCA concluded that it was inappropriate to initiate an investigation.

For information: In 2024, 2 investigations were completed and four are in progress. In the reporting period, according to the decision of the GCCA, a decision of inadmissibility was made on eight complaints.

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