Wednesday, 27 February 2019 09:50

Decision 680/2019

Decision on the proposed acquisition of sole control over GREEK COMPANY FOR RAILWAY MAINTENANCE S.A. by TRAINOSE S.A., a company of the FERROVIE DELLO STATO ITALIANE conglomerate. 

 

Decision 680/2019
File (PDF) Decision 680/2019
Date of Publication of Decision February 27th, 2019
Issue Number of Government Bulletin B’ 4771/24.12.2019
Relevant Market Railway Transport, Railway Maintenance
Proceedings Merger
Legal Framework Phase I (Article 8 par. 3 of the Greek Competition Act 3959/2011)
Decision Clearance
Acquiring Company TRAINOSE S.A.
Target Company GREEK COMPANY FOR RAILWAY MAINTENANCE S.A.
Summary of Decision In plenary session on the 27th February 2019, the Hellenic Competition Commission unanimously cleared, pursuant to Article 8(6) of the Greek Competition Act 3959/2011, the acquisition of "GREEK COMPANY FOR RAILWAY MAINTENANCE S.A." by TRAINOSE S.A. The commission decided that, while the concentration falls within the scope of Article 6(1) of the Greek Competition Act 3959/2011, it does not, under Article 7(1) of the Greek Competition Act 3959/2011, significantly limit competition in the national market through the creation or enhancement of a dominant position. The companies already enjoy a hyper-dominant position in their respective markets. In particular, TRAINOSE, the acquiring company, has a hyper-dominant position in the railway transport market and GREEK COMPANY FOR RAILWAY MAINTENANCE S.A., the target company, has a hyper-dominant position in the railway maintenance market. However, the concentration would not bring vertical consequences to the relevant markets (such as barriers to entry for competitors). The current regulatory framework (Greek Law 4408/2016, Guidance 2012/34, Rules 2017/2177) and the regulator responsible for their enforcement, the Railway Regulatory Body, which has the power to publish statutory decisions and to impose administrative penalties, ensure that all railway companies have equal access to railway maintenance services run by the acquired GREEK COMPANY FOR RAILWAY MAINTENANCE S.A., and impose duties of transparency and non-discriminatory treatment towards all current or possible competitors of TRAINOSE.
Judicial Means Decision has been appealed
Decisions by the Court of Appeal of Athens (Administrative Division) -
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