Tuesday, 04 July 2017 13:56

Decision 647/2017

Decision on the ex officio investigation conducted by the Directorate-General for Competition on tendering procedures for public works regarding a potential violation of Article 1 of the Greek Competition Act 3959/2011 and Article 101 TFEU.

 

Decision 647/2017
File (PDF) Decision 647/2017
Date of Publication of Decision July 4th, 2017
Issue Number of Government Bulletin  
Relevant Market 

Tendering Procedures for Public Works

Proceedings Collusion
Legal Framework Article 1 of the Greek Competition Act 3959/2011
Decision Violation
Complainant Ex Officio Investigation
Respondents

1. ALPINE BAU GMBH

2. FCC CONSTRUCTION SA

3. ARCHIDORON GROUP N.V.

4. IAKOVOU BROTHERS CONSTRUCTIONS LIMITED

5. ELTER S.A.

6. ARGAS S.A.

7. EUROPEAN TECHNICAL S.A.

8. PARNON S.A.

9. VIOTER S.A.

10. NIKOS KAMATAKIS S.A.

11. MICHANIKI S.A.

12. SATE

13. STEAT

14. BROTHERS MICH. TRAVLOU TECHNODOMI S.A.

15. YENER S.A.

16. ATTI-KAT S.A.

17. PROODEYTIKI S.A.

18. THEMELIODOMI S.A.

19. ALTE S.A.

20. KASTOR S.A.

21. ΕΛ.Τ.Ε.Κ. Α.Ε.

22. EBEDOS S.A.

23. THESSALIKI S.A.

24. ALSTOM TRANSPORT S.A.

Summary of Decision

The Hellenic Competition Commission, concluded that seventeen (17) contractors and two (2) contractors’ associations violated Article 1 of the Greek Competition Act 3959/2011 and Article 101 TFEU, with their involvement in horizontal collusions for the distribution of markets and the adulteration of tendering procedures for public works. It involves companies which did not undergo the Dispute Resolution Procedure, which ran as part of the ex officio investigation in relation to the above bidding wars for which Decision 642/2017 was published. 

Specifically, on the basis of the rationale of the Commission’s decision, the companies ALPINE Bau GmbH, FCC CONSTRUCCION SA, ARCHIRODON GROUP N.V. and IAKOVOU BROTHERS CONSTRUCTIONS LIMITED, each one for different time frames and towards different public works, were involved between 2005-2012 in one unitary and consistent violation, which included a common plan of distribution and manipulation of tendering procedures for public works, especially regarding the works for the Metro between 2005-2006 and infrastructure works between 2011-2012.

On the basis of the above, the Competition Commission imposed on the aforementioned companies the following fines, depending on the company’s duration of involvement in the violation between 2005-2012:

  • ALPINE Bau GmbH, a fine of 7,200,438.79€ - of which 3,491,121.79€ together with its parent company FCC CONSTRUCCION SA
  • FCC CONSTRUCCION SA, a fine of 18,657,488.10€ - of which 3,491,121.79€ together with ALPINE, being the parent company of the latter
  • ARCHIRODON GROUP N.V., a fine of 1,265,349€ and
  • IAKOVOU BROTHERS CONSTRUCTIONS LIMITED a fine of 108,679€

The Commission decided by majority that the following companies are not included in the violation of the 2005-2012 period: VINCI CONSTRUCTION GRANDS PROJETS SAS, SALINI IMPREGILO S.p.A, SELI S.p.A, THEMELIODOMI S.A. and ALSTOM TRANSPORT SAS.

The Commission concluded unanimously that the companies ELTER S.A., ERGAS S.A., EUROPEAN TECHNICAL S.A., PARNON S.A., VIOTER S.A., NIKOS KAMATAKIS S.A., MICHANIKI S.A., MICH. TRAVLOY BROTHERS TECHNODOMI S.A., YENER S.A., ATTI-KAT S.A., PROODEYTIKI S.A., THEMELIODOMI S.A., ALTE S.A., KASTOR S.A., EL.T.E.K. S.A., EBEDOS S.A. and THESSALIKI S.A., each one for its own time frame and towards a different number of public works, were involved in the 1989-2000 period in a unitary and consistent violation, which included a common plan of distribution and manipulation of tendering procedures for public works. Without though, the power of the Competition Commission to impose sanctions for the unitary and consistent violation of this which has been erased, pursuant to Article 42 of the Greek Competition Act 3959/2011.

The Competition Commission identified the involvement of the companies ATTI-KAT S.A., ELTER S.A., EBEDOS S.A., THESSALIKI S.A., KASTOR S.A., PROODEYTIKI S.A., ALSTOM TRANSPORT S.A., THEMELIODOMI S.A. και YENER S.A. each one for its own time frame and towards a different number of public works, in a series of independent violations which manifested in distribution of bidding wars for public works, which took place during the years 1981-1988 and 2001-2002. Without though, the power of the Competition Commission to impose sanctions for these independent violations which have been erased, pursuant to Article 42 of the Greek Competition Act 3959/2011.

With the same decision the Commission identified unanimously that records do not suggest that a) the companies NEMESIS PLC, ALEXANDROS TECHNICAL S.A., IMPRESA S.p.A, TECHNIMONT CIVIL CONSTRUCTION S.p.A, RΙΖΖΑΝΙ de ECCHER S.p.A, TADDEI S.p.A, VIOTER S.A., AGRICULTURAL BANK OF GREECE S.A. and HOCHTIEF PPP SOLUTIONS GmbH were implicated in the violation of the 2005-2012 period, b) the involvement of THEMELIODOMI S.A. as a successor of NESTOS S.A. in the violation of 1989-2000, c) the involvement of VAN OORD DREDGING AND MARINE CONTRACTORS BV vis a vis the bidding war for the public work of extending a building, d) the involvement of the companies FCC CONSTRUCCION SA, SOMAGUE ENGENHARIA SA, VINCI CONSTRUCTION GRANDS PROJETS SAS, HOCHTIEF PROJEKTENTWICKLUNG GmbH, HOCHTIEF CONSTRUCTION AG (νυν HOCHTIEF SOLUTIONS AG), ATTI-KAT S.A. and PROODEYTIKI S.A. vis a vis bidding wars for public works which related to, amongst others, road works which were auctioned off using the system of concession. 

Judicial Means Decision has been appealed
Decisions by the Court of Appeal of Athens (Administrative Division) DEA 3616/2020DEA 3864/2020DEA 567/2021DEA 738/2021
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