Friday, 31 July 2015

Decision 614/2015

Decision on a) the ex officio investigation conducted by the Directorate-General for Competition regarding the potential violation of Articles 1 and 2 of Greek Law 703/11 and/or the Greek Competition Act 3959/2011, as well as Articles 101 and 102 TFEU in the sector for the production and trade of steel products and b) the complaints put forth by the company IRON TENCO S.A. and the Technical Chamber of Greece.

Decision 614/2015
File (PDF) Decision 614/2015
Date of Publication of Decision July 31st, 2015
Issue Number of Government Bulletin  
Relevant Market Steel
Proceedings Collusion, Abuse of Dominant Position
Legal Framework Article 25 par. 6 of the Greek Competition Act 3959/2011
Decision Adoption of Commitments
Complainants

1. IRON TENCO S.A.

2. TECHNICAL CHAMBER OF GREECE

Respondents

1. SIDENOR S.A.

2. HALIVOYRGIKI S.A.

3. HALIVOYRGIA HELLAS S.A.

4. LIANOS S.A.

5. TEHNOMET S.A.

6. EVETAM S.A.

7. ZOGAS S.A.

Summary of Decision

The Hellenic Competition Commission, in plenary session, decided by majority, pursuant to Article 25 of the Greek Competition Act 3959/2011 to accept the commitments proposed by the Steel Federation of Greece and the companies SIDENOR S.A., HALIVOYRGIKI S.A. and XALIVOYRGIA S.A. with the intention of ceasing any potential violation of competition laws in the sector for the production and trade of steel products. In particular, the parties agreed to amend their terms and conditions of their cooperation, in a manner which ensures that any potential information that is shared between the parties (and as a result potentially is disclosed by the Steel Federation) will not be of strategic nature and will not be of any other confidential nature, which could potentially favour the harmonization of their trade policy in the market. In the event of failure to comply with the above commitments, the Commission reserves the right to impose a fine as provided for by the law.

Additionally, in Decision 617/2015, the Commission, in plenary session, unanimously decided that the investigation did not yield any evidence which would suggest the harmonization of the pricing policies of the above steel companies in violation of national and community laws. It was also decided unanimously that the company EVETAM S.A. did not abuse its dominant position since no evidence suggested any abusive behavior in the markets for laboratory inspections and certification of steel. For the above reasons, the complaints put forth for similar issues by IRON TENCO and the Technical Chamber of Greece were rejected.

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