Monday, 23 July 2018 12:01

Decision 663/2018

Decision on the ex officio investigation conducted by the Directorate-General for Competition regarding the potential violation of Articles 1 and 2 of the Greek Competition Act 3959/2011 as well as Articles 101 and 102 TFEU by the company ELAIS-UNILEVER HELLAS S.A. in the market for the production and sale of margarine and butter.

Decision 663/2018
File (PDF) Decision 663/2018
Date of Publication of Decision July 23rd, 2018
Issue Number of Government Bulletin  
Relevant Market

Production and Sale of Margarine and Butter

Proceedings Collusion, Abuse of Dominant Position
Legal Framework Articles 1 and 2 of the Greek Competition Act 3959/2011
Decision Violation
Complainant Ex Officio Investigation
Respondent ELAIS-UNILEVER HELLAS S.A. 
Summary of Decision

The Hellenic Competition Commission, in plenary session, upon an ex officio investigation by the Directorate-General for Competition into the violation of Articles 1 and 2 of Greek Law 703/1977 (now Articles 1 and 2 of the Greek Competition Act 3959/2011) as well as Articles 81 and 82 EC Treaty (now Articles 101 and 102 TFEU), by the company registered as ELAIS-UNILEVER with regards to the cooperation agreements of the company with retail sellers and wholesalers for the trade of margarine products found that:

  • Unanimously, ELAIS-UNILEVER violated article 2 of Greek Law 703/77 (now article 2 of the Greek Competition Act 3959/2011) and article 102 TFEU (through offering abusive targeted discounts and with the clause of non display of products by competitors) for the time period of 19/06/2002 until 21/10/2008, and
  • By majority, that ELAIS-UNILEVER violated article 1 of Greek Law 703/77, Article 1 of the Greek Competition Act 3959/2011 and article 101 TFEU with its involvement in a prohibited vertical concerted practice (resale price maintenace, prohibition of active and passive sales, non-competition clauses) for the time period of 26/09/1996 until 31/12/2017.

The Commission also decided and imposed:

  • Unanimously, to the company ELAIS-UNILEVER a fine of eight million six hundred and sixty-nine thousand three hundred and seventy Euros and eleven cents (€8,669,370.11) for the identified violations of Article 2 of Greek Law 703/77 and Article 102 TFEU and
  • By majority, a fine of eighteen million eight hundred and ninety-two thousand three hundred and thirty-four Euros and fifty-eight cents for the identified violation of Articles 1 of Greek Law 307/77 (now Article 1 of the Greek COmpetition Act 3959/2011) and Article 101 TFEU.

Additionally, the Commission obliged the company ELAIS-UNILEVER to cease the, as identified above, violations of Article 1 of Greek Law 703/77, Article 1 of the Greek Competition Act 3959/2011 and Article 101 TFEU and to avoid the identified violations of Articles 1 of Greek Law 703/77, 1 of the Greek Competition Act 3959/2011, 101 TFEU and 2 of Greek Law 703/77 (now 2 of the Greek Competition Act 3959/2011), 102 TFEU in the future and threatened the company ELAIS-UNILEVER with a monetary fine of ten thousand Euros (€10,000) per day of non-compliance with the above measures, from the day of publication of the decision.

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