Zepos & Yannopoulos (Athens)

Founded in 1893, Zepos & Yannopoulos is one of the longest established law firms in Greece. Throughout its history it has consistently been one of the most prominent law firms in the country. Zepos & Yannopoulos focuses in the provision of comprehensive legal and tax services to foreign legal entities, financial institutions and individuals with business interests in Greece. Their goal is to provide top quality comprehensive legal and tax advice and to assist their clients in understanding and navigating the intricacies of the Greek business environment. Their vision is to be the leading law firm in Greece in its field and to provide the most rewarding and challenging academic and working environment.

Bulletin

Foreword

Ioannis Kokkoris, Lydia Gavriilidou Mergers & Online Platforms: An overview of EU and national case law

28 February 2019 2257

The European Commission has dealt with various concentrations in the field of online platforms in recent years and has thus developed a policy, which is reflected in its decisions as this article will show. One of the main issues in concentrations in online platforms remains unsolved; it is very likely that the jurisdictional limits/thresholds of the European Union EUMR (EUMR) are not met, since the turnover of some of the companies involved in a transaction, is not considerable enough for a relevant concentration to be assessed under the EUMR. The turnover in these markets is not always the most suitable indicator of market power. As a result, a gap has been created in light of the new digital era, where there is a trend of consolidation in online platforms with a minority of such transactions though being notifiable, and this trend enhances the parties’ market power through the access to large volumes of data.

China

Ioannis Kokkoris, Lydia Gavriilidou Mergers & Online Platforms: An overview of EU and national case law

28 February 2019 2257

European Union

Stamatis Drakakakis, Konstantinos Sidiropoulos The EU Commission adopts a legal package that simplifies, streamlines, and optimises EU merger review procedures

20 April 2023 89

On 20 April 2023, the European Commission (hereinafter “EC”) adopted a package to further simplify its procedures for reviewing concentrations under Council Regulation (EC) No 139/2004 (the “EU Merger Regulation”). The package includes: (i) a revised Merger Implementing Regulation (...)

Antonis Giannakodimos, Nefeli Apostolopoulou The EU Parliament adopts the Digital Services Act and the Digital Markets Act, introducing new rules for tech companies and digital platforms

5 July 2022 184

On 05.07.2022, two legislative instruments of the new Digital Services Package, namely the Digital Services Act (“DSA”) and the Digital Markets Act (“DMA”), were adopted by the European Parliament. The new Regulations are going to have a great impact on the tech industry by setting clear (...)

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

18 November 2021 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

15 December 2020 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 The EU Commission publishes a report on the implementation of the Damages Directive

14 December 2020 130

On 14 December 2020, the European Commission (EC) published its report (the “Report”) on the implementation of the Antitrust Damages Directive, namely Directive 2014/104/EU (the “Directive”), as per Article 20(1) of the Directive. According to the same Article (para. 3), the Report, if (...)

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)

23 September 2020 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 allows Member States to grant more State aid to boost green projects

22 September 2020 77

On 22 September 2020, EU Competition Commissioner Margrethe Vestager said that EU governments may be allowed to grant more State aid to projects that help the bloc achieve its climate goals, calling such an incentive a “green bonus”. In contrast, polluting factories or power plants may be (...)

Stamatis Drakakakis, Ellie Gavriilidou, Argyris Papaefthymiou The EU Commission opens a consultation on the revised "Emission Trading Schemes State aid" Guidelines

21 September 2020 122

On 21 September 2020, the European Commission adopted revised EU Emission Trading System (ETS) State aid Guidelines in the context of the system for greenhouse gas emission allowance trading post-2021, which will enter into force from 1 January 2021. The revised Guidelines went through a (...)

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

11 September 2020 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 The EU Commission publishes its staff working document on the vertical block exemption regulation

8 September 2020 306

On 8 September 2020, the European Commission (“Commission”) published its Staff Working Document (“SWD”) in the context of the ongoing evaluation of Regulation (EU) No 330/2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union (“TFEU”) to categories of (...)

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)

4 August 2020 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 launches a sector inquiry on the consumer Internet of Things

16 July 2020 63

On 16 July 2020, the European Commission launched an antitrust sector inquiry into the market for Internet of Things (IoT) for consumer-related products and services in the EU. The Commission’s inquiry will focus on such products and services that are connected to a network and can be (...)

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)

14 July 2020 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, Argyris Papaefthymiou, Ellie Gavriilidou The EU Commission looks into the issue of collective bargaining for the self-employed

30 June 2020 72

On 30 June 2020, the European Commission announced that it has launched a process to ensure that the EU competition rules do not stand in the way of collective bargaining for the self-employed. Even though collective bargaining with employees falls outside the scope of EU competition rules, (...)

Stamatis Drakakakis, Argyris Papaefthymiou, Ellie Gavriilidou The EU Commission reviews its approach to market definition

26 June 2020 75

On 26 June 2020 the European Commission published a public consultation regarding the revision of the Market Definition Notice used in EU competition law, inviting stakeholders from the public and private sector (including, undertakings and consumer associations, national competition (...)

Stamatis Drakakakis, Argyris Papaefthymiou, Ellie Gavriilidou The EU Commission publishes a White Paper on the regulation of foreign subsidies to protect the single market

17 June 2020 72

On June 17, 2020, the European Commission published a White Paper on the regulation of foreign subsidies, aiming to fortify the level playing field within the Single Market by dealing with the distortive effects caused by foreign subsidies. The White Paper, a long-awaited and well-received (...)

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”

2 June 2020 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)

28 May 2020 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 Commission waives commitments regarding the merger between two pharmaceutical companies (Takeda / Shire)

28 May 2020 120

On 28 May 2020, the European Commission waived in their entirety the structural remedies that had been submitted by Takeda in 2018 to have its acquisition of Shire greenlit. The Commission’s market investigation with regard to Takeda’s waiver request revealed a number of permanent, significant (...)

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)

2 April 2020 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

25 March 2020 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 Commission publishes a final regulation that extends the validity of the block exemption for liner shipping

24 March 2020 92

On 24 March 2020, the European Commission published a final Regulation extending the EU Consortia Block Exemption Regulation (CBER) until 25 April 2024, without modification. This Regulation outlines the conditions under which liner shipping consortia can provide joint services without (...)

Stamatis Drakakakis, Argyris Papaefthymiou, Ellie Gavriilidou The EU Commission implements a temporary State aid framework to tackle the COVID-19 pandemic

19 March 2020 59

As part of its policy reaction to the Covid-19 pandemic, the European Commission has mobilised two instruments to assist Member States in dealing with the crisis: Article 107(2)(b) TFEU allowing for State aid to compensate damages caused by exceptional occurrences, and Article 107(3)(b) TFEU (...)

Violeta Panagiotopoulou, Anastasia Dritsa The EU Commission shows quick reflexes in its effort to alleviate the economic impact of the pandemic through the State Aid toolkit

10 March 2020 36

When the effects of the pandemic first became apparent, it also became clear that the European Commission would need to put forward all available tools to support EU’s economy. In this context, President of the European Commission, Ursula von der Leyen on 10th of Mach 2020, stated, amongst (...)

Stamatis Drakakakis, Argyris Papaefthymiou, Ellie Gavriilidou The EU Court of Justice upholds the Commission’s decision and fines a seafood company for gun jumping (Marine Harvest)

4 March 2020 67

On 4 March 2020 the Court of Justice of the EU delivered its judgement with which it dismissed Marine Harvest’s appeal against the Commission’s decision imposing two separate fines (EUR10 million each) for failure to notify a transaction under Article 4(1) EUMR and for implementing that (...)

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)

30 January 2020 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, Ellie Gavriilidou, Argyris Papaefthymiou The EU Court of Justice clarifies the Commission’s investigative powers regarding dawn raids (České dráhy)

30 January 2020 80

Recent judgements by Court of Justice of the EU provide important clarifications regarding the European Commission’s powers and obligations when conducting dawn raids. On 30 January 2020, the Court of Justice handed down a judgment dismissing two appeals by České dráhy, a.s. against General (...)

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)

30 January 2020 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 EU General Court overturns the Commission’s decision ordering the Netherlands to recover illegal State aid from a coffee company (Starbucks)

24 September 2019 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)

20 September 2019 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, (...)

Anastasia Dritsa, Victoria Mertikopoulou, Fenia Mylonaki, Violeta Panagiotopoulou, Sofia Athanasaki The EU Commission approves a €300 million state aid public support for the development of ultrafast broadband network in Greece

31 July 2019 23

According to the Digital Economy and Society Index 2019 (DESI 2019), Greece ranks 26th amongst EU countries in fast broadband coverage per household. In particular, only 66% of homes have access to fast internet of above 30 Mbps, far below the EU coverage of 83%, and less than 1% have access (...)

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)

19 July 2019 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, Ellie Gavriilidou, Argyris Papaefthymiou The EU Commission fines a chipmaker manufacturer for predatory pricing (Qualcomm)

18 July 2019 64

On 18 July 2019, the European Commission fined Qualcomm for abusing its market dominance through predatory pricing. The Commission found that between 2009 and 2011 Qualcomm sold its baseband chipsets below cost to two strategic customers in order to exclude from the market Icera, a new entrant (...)

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)

17 July 2019 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)

27 June 2019 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)

18 June 2019 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 (...)

Anastasia Dritsa, Violeta Panagiotopoulou The EU Court of Justice prohibits selective distributors from selling luxury products on third-party online platforms (Coty Germany / Parfümerie Akzente)

6 December 2017 114

On 6 December 2017, the Court of Justice of the European Union handed down its Judgment on the awaited Coty Germany v Akzente case. The case concerned whether a supplier of luxury cosmetics, operating a selective distribution system for its products, may validly prohibit its authorized (...)

Anastasia Dritsa, Violeta Panagiotopoulou The EU Commission publishes its final report on the e-commerce sector inquiry confirming its detailed preliminary findings

10 May 2017 73

On 10 May 2017, the DG Competition of the European Commission, issued its “Final report on the E-commerce Sector Inquiry”, largely confirming its detailed preliminary findings, published in September 2016. Several competition concerns are reiterated in the Report in relation to recommending (...)

Greece

Stamatis Drakakakis The Hellenic Competition Authority initiates a sector inquiry into e-commerce

11 March 2020 90

The Hellenic Competition Commission (“HCC”) decided on 11 March 2020 to initiate a sector inquiry into e-commerce, pursuant to Article 40 of Greek Law 3959/2011. The public consultation was launched yesterday, 31.03.2020, with the publication of an invitation to all interested parties to (...)

Anastasia Dritsa, Violeta Panagiotopoulou The Hellenic Competition Authority protects healthy competition in the market, consumers’ interests and economic growth during the COVID-19 outbreak

7 March 2020 25

On 7th of March 2020 the Hellenic Competition Commission (HCC) issued a Press Release highlighting that the Authority will protect healthy competition in the market, consumers’ interests and economic growth during the COVID-19 pandemic. Potential intent to increase or maintain companies’ (...)

Anastasia Dritsa, Fenia Mylonaki, Violeta Panagiotopoulou The Greek Supreme Administrative Court examines the issue of limitation periods for competition law violations and the notion of ’reasonable time’ (Intrasoft International)

27 March 2019 28

In its much expected decision 582/2019, the Greek Supreme Administrative Court (Conseil d’ Etat), examined once more the issue of limitation periods for competition law violations and the notion of ‘reasonable time’ within which the Hellenic Competition Commission (‘HCC’) can bring cases (...)

Anastasia Dritsa, Violeta Panagiotopoulou The Hellenic Competition Authority imposes interim measures for concerted practices in the agricultural sector (Naxos)

21 December 2017 29

Interim action for retaliation measures against agricultural producers in Naxos (HCC 653/2017) After a long period of inaction in the area of interim measures, the HCC convened at the expiration of last year to deal with a possible 101 TFEU (and its Greek Competition Act equivalent) (...)

Anastasia Dritsa, Violeta Panagiotopoulou The Hellenic Competition Authority clears the acquisition in the media investment sector (Epsilon / Dimera)

23 November 2017 29

Media: DIMERA/ EPSILON TV (HCC 652/2017) In November 2017, the HCC, in plenum, unanimously cleared the acquisition of sole control over ‘EPSILON TV’ (owned by RADIOTILEOPTIKI S.A.) by DIMERA Media Investments Ltd. The postmerger market shares of Dimera would not reach levels of dominance (...)

Anastasia Dritsa, Violeta Panagiotopoulou The Hellenic Competition Authority decides to accept the proposal for modification of the third commitment adopted by a supplier regarding e-auctioned natural gas quantity (DEPA)

10 November 2017 40

Amendment of prior Commitments by the incumbent natural gas supplier regarding e-auctioned natural gas quantities (HCC 651/2017) Once more, the commitments program of DEPA and its adjustments feature in the HCC’s annual list of decisions. This time, the HCC withdrew a provision in its (...)

Anastasia Dritsa, Violeta Panagiotopoulou The Hellenic Competition Authority clears a joint venture in the dairy products sector (Mevgal)

18 October 2017 28

Joint Venture for Dairy products: Clearance of the MEVGAL acquisition in Phase II (HCC 650/2017) DELTA FOODS S.A. and MEVGAL S.A. are two of the largest producers of dairy products in Greece. The acquisition of joint control over MEVGAL by DELTA and members of the Hatzakos family, was deemed (...)

Anastasia Dritsa, Violeta Panagiotopoulou The Hellenic Competition Authority clears a joint venture in the greenhouse production of agricultural products (Thermokipia Thrakis)

13 July 2017 21

Clearance of Joint Venture in the greenhouse production of agricultural products: Thermokipia Thrakis (HCC 649/2017) Thrace Plastics Co S.A. (Thrace Plastics) and Elastron A.E.V.E. - Steel Products (Elastron) were two companies, each having a subsidiary active in the greenhouse production, (...)

Anastasia Dritsa, Violeta Panagiotopoulou The Hellenic Competition Authority decides that five wholesalers agreed to fix the retail price range in the luxury cosmetics sector (Notos)

6 April 2017 18

Horizontal concertation between wholesalers of luxury cosmetics & the ‘vertical manifestation’ (HCC 646/2017) In a decision in plenum dated April 6th 2017, issued almost eleven years after the termination of the alleged violation, the HCC resolved that five wholesalers of luxury (...)

Anastasia Dritsa, Violeta Panagiotopoulou The Hellenic Competition Authority decides that the public procurement procedure had been rigged through cover bidding and bid suppression by companies in the construction sector (Pella)

20 March 2017 26

Bid-rigging in a local construction tender in Pella (HCC 644/2017) The HCC’s focus on bid-rigging in tenders for infrastructure works extended to a smaller tender of local interest which led again to the imposition of considerably smaller, yet still noteworthy, fines. In November 2010, in (...)

Anastasia Dritsa, Violeta Panagiotopoulou The Hellenic Competition Authority clears a merger in the food distributor market (Chipita / Nikas)

1 February 2017 27

Packed food products merger cleared in Phase I: CHIPITA/ NIKAS (HCC 638/2017) In this conglomerate concentration, Chipita S.A., producer and distributor of several snack brands (Bake Rolls, Chipita chips, 7Days, Molto a.o.), filed a concentration notification, in January 2017, for the (...)

Anastasia Dritsa, Violeta Panagiotopoulou The Hellenic Competition Authority approves the acquisition of a major supermarket chain of 383 companies that formed part of the largest retail chain (Sklavenitis / Marinopoulos)

26 January 2017 37

Supermarket chains acquisition cleared with remedies: SKLAVENITIS/ MARINOPOULOS (HCC 637/2017) Picking up from where it left off in the on-going consolidation of the Greek super-market sector, the HCC was called, in January 2017, to clear the acquisition of control by Sklavenitis, a major (...)

Anastasia Dritsa, Violeta Panagiotopoulou The Hellenic Competition Authority clears an acquisition in the super-market sector (Vassilopoulos / Kanakis)

26 October 2016 15

METRO/VEROPOULOS (HCC 623/2016) and VASSILOPOULOS/KANAKIS (HCC 624/2016) The HCC continued its control of super-market takeovers with the clearance of the acquisitions of VEROPOULOS by METRO and KANAKIS by VASSILOPOULOS in early 2016. As a result of the former (January 2016), two competing (...)

Anastasia Dritsa, Violeta Panagiotopoulou The Hellenic Competition Authority approves a merger in the car distribution markets (Vassilakis)

26 October 2016 12

VASSILAKIS acquisition of KIA and HYUNDAI distributors in Greece (HCC 632/2016) The VASSILAKIS Group includes a subsidiary which is the official authorized SEAT distributor in Greece and is also active in the wholesale and retail sale of passenger cars, spare parts and repair services under (...)

Anastasia Dritsa, Violeta Panagiotopoulou The Hellenic Competition Authority accepts revised commitments by a company in the gas supplier market (DEPA)

13 October 2016 29

HCC accepts revised commitments by DEPA (HCC 631/2016) In 2012, as a result of ALUMINIUM’s complaint against DEPA, the incumbent natural gas supplier, the company offered commitments to the HCC in order to close the case. The commitments are continuously subject to review and update, (...)

Anastasia Dritsa, Violeta Panagiotopoulou The Hellenic Competition Authority decides that a lessee and operator of the parking slots in airport abuses its dominant position through excessive pricing (Cargo Service / KEPKA)

22 September 2016 23

Dismissal of allegations of excessive car parking prices in Macedonia Airport (HCC 630/2016) In April 2008, Cargo Service, lessee and operator of the parking lots in the Thessaloniki International Airport “Macedonia”, was accused by KEPKA (a consumer protection NGO) of abusing its dominant (...)

Anastasia Dritsa, Violeta Panagiotopoulou The Hellenic Competition Authority approves mergers in the chemical and plastic products market (Ravago / DELTA / Pentaplast)

7 September 2016 22

RAVAGO acquisitions of DELTA CHEMICALS and PENTAPLAST (HCC 629/2016 and 634/2016) RAVAGO is a Luxembourg-based company active in the market for the distribution of chemical and plastic products. Its Greek clientele is active in the car, electric devices, wire, cable, and packaging (...)

Anastasia Dritsa, Violeta Panagiotopoulou The Hellenic Competition Authority announces the details of its newly settlement procedure to parties involveed in horizontal cartel cases

18 July 2016 24

Settlement procedure introduced (HCC 628/2016) In July 2016, the HCC announced the details of its newly introduced settlement procedure which shall be available to parties involved in horizontal cartel cases. Upon admitting involvement and waiving certain procedural rights, parties settling (...)

Anastasia Dritsa, Violeta Panagiotopoulou The Hellenic Competition Authority approves an acquisition in the port transportation sector (Piraeus port / Cosco)

22 June 2016 29

Acquisition of Piraeus Port Authority (OLP) by COSCO (HCC 627/2016) In 2002, the publicly listed PPA (‘OLP’) entered into a Concession Agreement with the Greek State, gaining the exclusive right until 2052 to exploit all buildings, establishments, and other infrastructure of Greece’s most (...)

Anastasia Dritsa, Violeta Panagiotopoulou The Hellenic Competition Authority clears a merger in the airport sector (Fraport)

7 April 2016 17

Acquisition of 14 regional airports by FRAPORT (HCC 626/2016) On April 7 2016, the HCC announced the clearance of the Concession Agreements entered into by the FRAPORT Consortium and the Hellenic Republic Asset Development Fund (HRADF) for the upgrade, maintenance, management, and operation (...)

Anastasia Dritsa, Violeta Panagiotopoulou The Hellenic Competition Authority fines a company for anticompetitive practices to a franchise network in the telecom market (Germanos)

24 March 2016 42

Recalculation of GERMANOS’ fine (HCC 625/2016) In late 2014, the HCC published its 580/VII/2013 decision, finding that GERMANOS, a Deutsche Telekom subsidiary which runs a franchise of electronic goods stores, was applying a variety of anticompetitive practices to its franchise network, (...)

Anastasia Dritsa, Violeta Panagiotopoulou The Hellenic Competition Authority decides that the franchise agreement between two companies, in the furniture secto, included a hardcore clause(Neoset)

18 December 2015 47

Vertical restraints in NEOSET’s franchise network for furniture (HCC 622/2015) NEOSET was an established manufacturer and distributor of furniture. Following a pecuniary dispute with DIAMESO (a franchisee), and the termination of their agreement in 2008, DIAMESO claimed damages from alleged (...)

Anastasia Dritsa, Violeta Panagiotopoulou The Hellenic Competition Authority decides that a company abuse of its dominant position concerning with regard to the supply of electricity in the energy sector (Aluminium / DEI)

15 December 2015 48

Commitments by the Public Power Corporation (DEI) addressing abuse of dominance concerns with regard to the supply of electricity to Aluminium of Greece (HCC 621/2015) A long-standing and episodic standoff between DEI (incumbent producer and supplier of electricity in Greece) and Aluminium (...)

Anastasia Dritsa, Violeta Panagiotopoulou The Hellenic Competition Authority publishes adjustments to the quantification criteria used in the prioritization of cases

24 September 2015 24

Adjustments to the quantification criteria used in the prioritization of cases (HCC 616/2015) In 2012, the HCC announced a point system, based on which it regulates the prioritization of all antitrust cases handled by the DirectorateGeneral (HCC 539/VII/2012). In March 2016, the HCC (...)

Anastasia Dritsa, Violeta Panagiotopoulou The Hellenic Competition Authority fines a company for abusing its dominant position and extends parent liability for competition law violations in the detergents, cleaners and cosmetics sector (Colgate / Palmolive)

24 April 2015 115

Vertical Agreements Restriction of parallel trade clauses in Colgate’s vertical agreements with retailers – Parental liability (HCC 610/2015) In 2017, the HCC published its decision against members of the COLGATE-PALMOLIVE group of companies pursuant to an ex officio investigation in the (...)

United Kingdom

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

28 January 2020 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 (...)

Books

Price €290.00 2020 Competition Case Law Digest - A Synthesis of EU, US and National Leading Cases

Date 31 January 2020

Author(s): Frédéric Jenny, Nicolas Charbit (Editors)

Price €290.00

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