The Hellenic Competition Commission rejects a complaint against the municipality of Athens for abuse of dominance on the basis that it did not act as an "undertaking" (Georgios Koutros / General Association of Greek Consumers)

On July 21, 2010 the Hellenic Competition Commission ("Epitropi Antagonismou", hereinafter "HCC") issued a decision on the merits by which it rejected a complaint brought against the Municipality of Athens for alleged abuse of its dominant position in conferring the use of communal areas to private undertakings against a municipal duty. The HCC held that when the Athens Municipality confers the use of communal areas to private undertakings it does not act as fiscus but as imperium, hence it cannot be regarded as an "undertaking" nor can such activity be deemed "economic", and therefore competition law cannot be applied in the case in question. In late 2008, a private individual (Mr. Koutros) filed a complaint with the HCC, by which he claimed that the Athens Municipality abuses its