Monday, 17 December 2018

Decision 675/2018

Decision on the ex officio investigation conducted by the Directorate-General for Competition regarding a potential violation of Article 1 of the Greek Competition Act 3959/2011 and Article 101 TFEU in the sector for the provision of electrical services.

Decision 675/2018
File (PDF) Decision 675/2018
Date of Publication of Decision December 17th, 2018
Issue Number of Government Bulletin  
Relevant Market Electrical Services
Proceedings Collusion
Legal Framework Article 1 of the Greek Competition Act 3959/2011
Decision Violation
Complainant  Ex Officio Investigation
Summary of Decision

The Hellenic Competition Commission in plenary session, decided that the Electricians' Union of Attica (EUA) enacted laws in its statute which provided for the introduction of a unitary pricing structure for electrical services, contrary to Article 1(1) of Greek Law 703/1977 – now Greek Competition Act 3959/2011. The Commission also concluded that it cannot be established that EUA set a unitary validation price of YDE, neither did it create a price list for other electrical services, but it was, on the contrary, established that EUA dissented from the protocol, proposed or followed by other electricians’ unions, with regards to setting unitary prices. 

The union in question did not partake in the Dispute Resolution Procedure, which ran as part of the Commission’s same ex officio investigation, from which Decision 670/2018 had already been published and made available to the public.

Considering all the circumstances of the current case, including the fact that the statutory provision in question was adopted several years prior to the introduction of the legislation for the protection of free competition in Greece and that EUA orally differentiated its position from the illegal practice and with their own initiative amended the statute by revoking the illegal clauses, the Commission decided to acknowledge the violation and to send a reference to EUA and to reserve the right to impose a fine if, with a decision made by the Commission reoffence is established, as well as on the condition, amongst others, that the union informs its members about the retraction of the illegal provision and its obligation not to partake in direct or indirect price fixing.

Judicial Means Final. Decision has not been appealed
Decisions by the Court of Appeal of Athens (Administrative Division) -
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