Tasks and Powers of the H.C.C.
The HCC is the authority responsible for the enforcement of Greek law 3959/2011, "Protection of Free Competition" (hereinafter “Competition Act”), previously Law 703/1977, as well as of Articles 101 and 102 of the Treaty for the Functioning of the European Union (TFEU).
Pursuant to Law 2296/95, the HCC is an Independent Administrative Authority with procedural and decision-making autonomy. Pursuant to Law 2837/2000, the HCC also enjoys financial autonomy.
The HCC performs all the enforcement actions of a designated National Competition Authority to apply national and EU competition rules, in accordance with Regulation (EC) 1/2003 (see Art. 5). It also has consultative powers in the area of identifying and removing regulatory barriers to competition.
In particular, the HCC has broad enforcement powers in the area of collusive practices/cartels, abuses of dominance and merger control. In this context, the HCC may:
• Take decisions finding an infringement of Article 1 of the Competition Act and Article 101 TFEU (collusive agreements and/or concerted practices between undertakings that have as their object or effect the restriction of competition) and impose administrative fines.
• Take decisions finding an infringement of Article 2 of the Competition Act and Article 102 TFEU (abuse of dominance) and impose administrative fines.
• Take interim measures in case of suspected infringement of Articles 1, 2 and 11 of the Competition Act, as well as of Articles 101 and 102 TFEU.
• Review prior notifications of envisaged mergers & acquisitions (merger control of concentrations), in accordance with Articles 5 - 9 of the Competition Act, and impose pertinent measures and sanctions.
• Launch investigations and conduct dawn raids for the enforcement of antitrust and merger control rules.
• Deliver opinions on competition issues on its own initiative or upon request of the Minister of Development and Competitiveness or of any other competent Minister, in accordance with Article 23 of the Competition Act.
• Conduct sector inquiries, in accordance with article 40 of the Competition Act.
The HCC co-operates closely with the European Commission and the national competition authorities in all EU Member States in order to enforce the EU competition rules, primarily in the context of the Regulation (EC) 1/2003.
Furthermore, it co-operates closely with other competition authorities in its capacity as a member of the OECD and the ICN (International Competition Network).
The Hellenic Competition Commission has no jurisdiction over the application of the provisions of law 146/1914 on unfair competition, the application of which is in the competence of civil courts.