Wednesday, 25 July 2018

Decision 664/2018

Decision on the request put forth by SKLAVENITIS S.A. to amend the commitments the company adopted pursuant to Decision 637/2017

Decision 664/2018
File (PDF) Decision 664/2018
Date of Publication of Decision July 25th, 2018
Issue Number of Government Bulletin  
Relevant market Supermarket
Proceedings Merger
Legal Framework Phase II (Article 8 par. 6 and 8)
Decision Amendment of Commitments
Acquiring Company SKLAVENITIS S.A.
Summary of Decision

The Hellenic Competition Commission, in plenary session on 25th July 2018, unanimously decided upon a request by SKLAVENITIS S.A. to amend the commitments, which had been adopted through Decision 637/2017, as follows:

A. Waives the commitments with regards to divestiture of the shops at the following addresses:

  • Agiou Dimitriou 149, Agios Dimitrios, Attica, 17343
  • Ellispontou 25, Nea Smyrni, Attica, 17124
  • Kykladon 17, Irakleio, Crete, 71305
  • Evdoksou 24, Athens, 11743
  • Lambraki 59, Piraeus, 18534
  • Methonis & Aitolikou, Piraues, 18545
  • Adrianoupoleos 16-18, Athens, 10444
  • Chrisostomou Smyrnis 40, Tavros, Attica, 17778
  • Salaminos & 28th Oktovriou, Aspropyrgos, Attica, 19300
  • Souliou 30-32, Agios Dimitrios, Attica, 17342
  • Baknana 24, Athens, 11745 and
  • 2nd Merarhias 30 & Praxitelous, Piraues, 18535

B. Imposes on SKLAVENITIS S.A. the duty to, within four (4) months of the publication of the decision to a) cease operation of the shops at Fleming 16, Agios Ioannis, Renti, Attica and Agia Varvara 102, Palaio Faliro and imposes the commitment not to rerun these shops or open new ones within the local market, for a time period of three (3) years and b) to inform the Commission about the cessation of operation of these shops and to provide the relevant evidence.

The decision to waive the divestiture commitments with regards to the aforementioned twelve (12) shops of the SKLAVENITIS conglomerate in the local markets, was taken because upon re-inspection of the market conditions in the relevant regions it was concluded that the probability of creation of a dominant position is limited, and that sufficient competitive pressure has been created by other companies active in the same regional markets. However, with regards to the markets in the regions of Agios Ioannis Rentis (18233) and Palaio Faliro (17563) the cessation of operations of the shops constitutes the best and most effective measure for the removal once and for all of the concerns regarding local competition. The remaining commitments included in Decision 637/2017 continue to be in force. 

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