Zepos & Yannopoulos (Athens)

Stamatis Drakakakis

Zepos & Yannopoulos (Athens)
Partner

Stamatis Drakakakis is a partner at Zepos & Yannopoulos based in Athens. He is a member of the corporate commercial practice of the firm and head of the firm’s antitrust & competition team. He was admitted to the Athens Bar in 2002. He covers the full range of competition law including state aid and sector specific regulation. He advises clients from a very wide variety of industries including electronic communications, financial sector, construction, energy, consumer goods, pharmaceutical, chemicals, steel, and defense. He represents clients before the Hellenic Competition Commission and the Greek Appellate and Supreme administrative courts, the European Commission and both the General Court and the Court of Justice of the EU. He has been involved in some of the most complex cartel investigations as well as Phase II merger cases before the Greek NCA during the last decade. He has also litigated landmark antitrust cases before Greek Courts, often teaming up with the firm’s administrative law department. His state aid work includes advising on issues regarding rescue and restructuring aid, public service obligations in the fields of air transport, energy and broadcasting, application of state aid block exemptions, state aid issues in privatisation transactions and public tenders, arbitration proceedings and state aid, taxation involving aid, state guarantees and misuse of aid and recovery issues. He is a founding member of the Hellenic State Aid Institute. Stamatis Drakakakis has authored numerous competition law publications/articles. He is Member of the Organizing Committee of the Annual Competition Law Conference organized in Athens (since 2017) by Nomiki Bibliothiki. He is also member of the editorial board of the EU Competition Law Handbook (annually) published by Sweet & Maxwell. In early ‘00s, after his postgraduate studies, Stamatis concluded an internship at the Court of Justice of the EU (Chambers of Judge V. Skouris). Subsequently, he worked for many years in Brussels for two US firms. Stamatis is admitted before the Supreme Court.

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Zepos & Yannopoulos (Athens)
Zepos & Yannopoulos (Athens)
Zepos & Yannopoulos (Athens)
Zepos & Yannopoulos (Athens)
Zepos & Yannopoulos (Athens)

Articles

3754 Bulletin

Stamatis Drakakakis, Argyris Papaefthymiou The EU Commission publishes a Communication on new challenges in competition policy, namely insisting on a progressive phase-out of the COVID-19 crisis and its efforts to deliver on the green and digital transitions

205

On 18 November 2021, the European Commission (hereinafter the “Commission”) published a Communication on “A competition policy fit for new challenges” (hereinafter the “Communication”). The Communication provides an illustrative consolidation of the current work streams – both at the (...)

Stamatis Drakakakis The EU Commission publishes legislative proposals for the Digital Markets Act and the Digital Services Act to regulate conducts in the digital sector including the power to impose fines

395

On 15 December, the European Commission (“Commission”) published its legislative proposals for the Digital Markets Act (“DMA”) and the Digital Services Act (“DSA”). The proposals introduce new ex ante obligations for a wide range of firms active in the digital sphere, as well as significant (...)

Stamatis Drakakakis, Argyris Papaefthymiou, Ellie Gavriilidou The EU General Court finds a Spanish ship finance scheme to be illegal State aid (Spain / Lico Leasing / Pequeños y Medianos Astilleros Sociedad de Reconversión)

80

By its renvoi judgement of 23 September 2020, the General Court upheld the 2013 European Commission decision which found that the Spanish tax lease scheme (“the STL system”) allowing shipping companies to benefit from rebates of up to 30% on the price of vessels built by Spanish shipyards (...)

Stamatis Drakakakis, Argyris Papaefthymiou, Ellie Gavriilidou The EU Commission intends to change its approach towards referrals to the EU from national competition authorities for merger control

117

On 11 September 2020, Competition Commissioner Margrethe Vestager announced during the International Bar Association’s 24th Annual Competition Conference, that the Commission intends to change its approach towards referrals to the EU from national competition authorities. Commissioner Vestager (...)

Stamatis Drakakakis, Argyris Papaefthymiou, Ellie Gavriilidou The EU Commission investigates into the merger between a big tech company and a health and fitness retail company (Fitbit / Google)

88

On 15 June 2020, Google notified the Commission its intention to acquire Fitbit. A month later, it submitted commitments to address the Commission’s concerns that the proposed transaction would further entrench Google’s market position in the online advertising markets by increasing the (...)

Stamatis Drakakakis, Argyris Papaefthymiou, Ellie Gavriilidou The EU Commission starts a market test inviting comments from interested parties on commitments offered by a pharmaceutical company that had abused its dominant position (Aspen)

97

On 14 July 2020 the European Commission started a market test inviting comments from interested parties on commitments offered by Aspen Pharmacare Holdings. The Commission had opened an investigation in May 2017 over concerns that Aspen had abused its dominant position in a range of national (...)

Stamatis Drakakakis, Ellie Gavriilidou, Argyris Papaefthymiou The EU Commission seeks stakeholders comments to obtain market investigation powers in the form of a “New Competition Tool”

56

On 2 June 2020, the European Commission announced the launch of a public consultation and published an Inception Impact Assessment on an envisaged “New Competition Tool”, which would effectively amount to the Commission acquiring market investigation powers, akin to the ones already held by (...)

Stamatis Drakakakis, Argyris Papaefthymiou, Ellie Gavriilidou The EU General Court annuls the Commission’s prohibition of the merger between two telecommunications companies and clarifies the application of the SIEC test to non-coordinated effects in oligopolistic markets (Telefónica UK / Hutchison 3G UK)

117

On 28 May 2020, the EU General Court issued a ruling annulling the European Commission’s decision prohibiting the proposed acquisition of Telefónica UK by Hutchison 3G UK. The Commission had examined this transaction as a “four-to-three” merger and had blocked it in 2016, in line with its (...)

Stamatis Drakakakis, Argyris Papaefthymiou, Ellie Gavriilidou The EU Court of Justice confirms the strict approach to “by object” infringements resulting in the need to use effects analysis on more complex arrangements such as MIF agreements (Budapest Bank)

104

On 2 April 2020, the Court of Justice of the EU delivered its judgment in Budapest Bank on a reference for a preliminary ruling from Hungary’s highest court relating to agreements on fixed multilateral interchange fees (MIFs). In this much-anticipated ruling, the Court of Justice further (...)

Stamatis Drakakakis, Argyris Papaefthymiou, Ellie Gavriilidou The EU Commission issues guidelines concerning foreign direct investment and free movement of capital from third countries to protect the EU’s critical assets

71

On 25 March 2020, the European Commission issued Guidance concerning foreign direct investment and free movement of capital from third countries, and the protection of Europe’s strategic assets, ahead of the application of Regulation (EU) 2019/452 (the “FDI Screening Regulation”) in October (...)

Stamatis Drakakakis, Argyris Papaefthymiou, Ellie Gavriilidou The EU Court of Justice renders a preliminary ruling stating that a dispute between an originator and a generics manufacturer constitutes evidence that they are potential competitors (Generics - UK / GlaxoSmithKline / Actavis / Xellia Pharmaceuticals / Merck / Alpharma)

118

On 30 January 2020, the Court of Justice of the EU rendered its preliminary ruling in Case C-307/18 – Generics (UK) and Others v CMA (Paroxetine). The case originated in a preliminary reference made by the UK Competition Appeal Tribunal (CAT) relating to an appeal against a decision of the UK (...)

Stamatis Drakakakis, Argyris Papaefthymiou, Ellie Gavriilidou The EU Commission fines €14.3 million a film production company for restricting the sale of merchandising products (NBCUniversal)

114

On 30 January 2020, the European Commission fined NBCUniversal EUR14,3 million for restricting intellectual property licensees from selling licensed merchandise within the EEA to territories and customers beyond those allocated to them. The Commission found that for over six and a half years, (...)

Stamatis Drakakakis, Argyris Papaefthymiou, Ellie Gavriilidou The UK Competition Authority publishes a guidance aiming to explain the arrangements applicable during the Brexit transition period

51

On 31 January 2020, the UK formally exited the European Union, following the conclusion of a Withdrawal Agreement between the two. A transition period is in force from 1 February 2020 to 31 December 2020 (subject to extension), during which EU competition law (and EU law in general) will (...)

Stamatis Drakakakis, Argyris Papaefthymiou, Ellie Gavriilidou The EU General Court overturns the Commission’s decision ordering the Netherlands to recover illegal State aid from a coffee company (Starbucks)

88

On 24 September 2019, the General Court delivered its judgments in the first two individual tax ruling cases involving transfer pricing within multinationals, providing important guidance on the application of the arm’s length principle in the context of State aid investigations concerning tax (...)

Stamatis Drakakakis, Argyris Papaefthymiou, Ellie Gavriilidou The EU Commission publishes the text of its decision to fine a Big Tech company for abuse of dominant position in the market for mobile devices operating systems (Google Android)

190

On 20 September 2020 the European Commission published its long-awaited 327-page explanation of its decision to fine Google €4.34 billion for illegal practices regarding Android mobile devices. The text provides a detailed analysis of some of the most interesting aspects of the decision, (...)

Stamatis Drakakakis, Argyris Papaefthymiou, Ellie Gavriilidou The EU Commission fines a Japanese retail and designs company for restricting cross-border sales and online sales (Sanrio)

66

On 9 July 2019, the Commission fined Sanrio, a Japanese company that designs, produces and sells “Hello Kitty” products, EUR6.2 million for breaching Article 101 TFEU by imposing territorial restrictions on cross-border and online sales of merchandising products featuring Hello Kitty and other (...)

Stamatis Drakakakis, Argyris Papaefthymiou, Ellie Gavriilidou The EU Commission opens a formal investigation to examine whether an online retail platform’s use of sensitive data from independent retailers infringes competition rules (Amazon)

104

On 17 July 2019, the European Commission opened a formal investigation to examine whether Amazon’s use of sensitive data from independent retailers selling on the platform infringes EU competition rules. Amazon’s dual role, i.e. as a retailer selling on the platform and as the provider of the (...)

Stamatis Drakakakis, Argyris Papaefthymiou, Ellie Gavriilidou The EU Commission fines a Japanese imaging manufacturer for gun jumping by way of a two-step warehousing structure (Canon / Toshiba)

59

On 27 June 2019, the European Commission fined Canon EUR28 million for the pre-clearance implementation of its acquisition of Toshiba Medical Systems (TMSC) through the use of a two-step “warehousing” deal structure. In step one, Toshiba transferred 95% of the shares in TMSC in a SPV (...)

Stamatis Drakakakis, Argyris Papaefthymiou, Ellie Gavriilidou The EU General Court annuls the Commission’s decision on State aid regarding a Romanian food and beverages company (Micula)

56

On 18 June 2019, the General Court of the European Union handed down its long-awaited judgment in the Micula case ruling that Romania’s payment of the €178 million award constituted illegal State aid. Romania, prior to its EU accession in 2005, implemented a pack of measures aiming to avoid (...)

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