
In 2021, the Competition Council fined 9 players in the agrochemical market 130 million lei.
Based on the results of an investigation into the sale of phytosanitary products and fertilizers, the Competition Council established that 9 companies were involved in a horizontal anticompetitive agreement when selling products of the Bayer, Belchim, Adama, BASF, Corteva/DuPont, FMC, NuFarm and Syngenta trademarks on the Moldovan market. According to the press service of the institution, with two decisions, the Competition Council fined the companies Agrimatco-Service, Agrostoc, Bioprotect, Diazchim, ElitAgroTehnologie, Fertilitatea-Chișinău, Licorent-Agro, Protectia Plantelor and Virocargo almost 130 million lei. Let us recall that in March last year, the Competition Council announced the application of the largest fine in the history of the institution: the companies Agrostoc, Diazchim, Bioprotect and Fertilitatea-Chișinău were fined a total of 91.03 million lei for participating in tough horizontal cartel agreements. The Competition Council determined that they acted in concert when setting prices and other trading conditions for the sale on the territory of Moldova to third parties of plant protection products and fertilizers under the Bayer and Belchim brands. Subsequently, the Investigative Committee revealed a cartel conspiracy of 5 more companies while selling in 2015-2020 plant protection products of Adama, Basf, Corteva/DuPont, FMC, NuFarm and Sygenta and fined them 38.5 million lei. In particular, in November 2021, Agrimatco-Service was fined 8.92 million lei, Virocargo - 2.94 million lei, ElitAgroTehnologie - 7.65 million lei, Licorent-Agro - 13.5 million lei, Protectia Plantelor - 5.48 million lei. It is worth noting that in accordance with the latest decision, the Competition Council terminated an earlier investigation into similar violations against ImexAgro, Vadalex-Agro, Veaces-Nova and WeTrade, as it did not find sufficient evidence of a violation of the Competition Law and grounds for applying remedial measures or sanctions. Regarding the violations committed by the companies Agrostoc, Diazchim, Bioprotect and Fertilitatea-Chișinău and the sanctions applied against them, the Competition Council will speak later, since all companies have applied to the court. According to information available on the website of the courts of Moldova, in the coming months, court hearings will be held on several lawsuits filed by Agrostoc, Diazchim and Bioprotect against the Competition Council. Diazchim also filed a claim for the protection of honor, dignity and professional reputation, and at its request, the National Integrity Authority will conduct a conflict of interest check in respect of the chairman of the Competition Council, Marcel Răducan (his relatives are beneficiaries of Moldprodinvest, which owns, among other things, a license to import, storage and distribution of plant protection products and fertilizers). At the same time, the Riscani Court of Chisinau satisfied the claim of the Fertilitatea-Chisinau company against the Competition Council and its head, Marcel Raducan, canceling several orders of the CompetitinCouncil and calling unfounded some of the decisions of the Council related to the cartel conspiracy accusation. // 26.01.2022 - InfoMarket.