The National Competition Agency of Georgia has declared the complaint filed by the Rustavi electrotechnical company “Retko” as inadmissible, according to their official report. The complaint alleged a violation of Article 10 of the Georgian Law “On Competition” by JSC “Georgian Railways,” and Article 7 of the law by LLC “Qselmsheni,” LLC “Georgian Engineering Company,” and LLC “Khada” (in the form of concerted action). The complainant specifically raised concerns about the 30-day delivery period in tenders announced by JSC “Georgian Railways” and argued that it limited competition.
In assessing the admissibility of the complaint, the agency thoroughly examined the contested tenders, conducted market research, and reviewed the information and evidence provided. After analysis, it was determined that the procuring organization had conducted market research twice, during which at least six economic entities met the conditions of the contested tender. Therefore, it was not possible to identify a specific entity that had received preferential treatment from the administrative body or created a dominant position. Furthermore, there was no credible evidence to cast reasonable doubt on the existence of a competition-restricting agreement among the mentioned three economic entities, as stated by the agency in their official statement.