Thursday, 15 November 2018 12:01

Decision 671/2018

Decision on the ex-officio investigation, which concerns the national road transport market, following a complaint by the company "Phosphate Fertilizer Industry SA" against transport companies of the prefecture of Kavala, in order to determine whether there is an infringement of Article 1 of Law 3959/2011 (on the “Protection of Free Competition”) and/or Article 101 TFEU.

Decision 671/2018
File (PDF) Decision 671/2018
Date of Publication of Decision November 15th, 2018
Issue Number of Government Bulletin 3420/B/14.08.2020
Relevant Market Road transport of fertilizers
Proceedings Collusion
Legal Framework Article 1 and Article 25 (a) of the Greek Competition Act 3959/2011)
Decision Decision finding an infringement – Settlement Procedure
Complainant Ex officio investigation
Company under examination

1)ENOSI KAVALAS IME L.L.C.

2) NEAPOLIS IME L.L.C.

2)NESTOS XRISOUPOLEOS IME-L.L.C.

3)The Association of professional truck owners of Kavala "Agios Christoforos"
Summary of Decision

The Hellenic Competition Commission, in plenary, adopted an unanimous decision following the simplified Settlement Procedure pursuant to Article 25 (a) of the Greek Law 3959/2011 and Decision no. 628/2016. The companies ENOSI KAVALAS IME-LLC, NEAPOLIS IME-LLC, NESTOS XRISOUPOLEOS IME-LLC and the Association of professional truck owners of Kavala "Agios Christoforos" infringed Article 1 par.1 of Greek Law 703/1977, as in force, and Article 1 par. 1 of the Greek Competition Act 3959/2011 by participating in a prohibited horizontal cartel within the meaning of those provisions, between December 1995 and October 2015 (single and continuous infringement).

 In particular, the abovementioned undertakings, in the context of a joint and uniform plan, concluded agreements to determine the amount of the costs for the provision of transport services.

The Competition Commission requires that the abovementioned undertakings bring the infringement to an end and avoid repetition in the future.

For the above violation, the Competition Commission imposes fines on the companies involved in the total amount of € 396,526, reduced by 15%, for their cooperation under the Settlement Procedure and the unconditional admission of their participation in the infringement. For one of them, the Association of professional truck owners of Kavala "AGIOS CHRISTOFOROS", the Commission finds that due to the application of article 25 par. 2 of the Greek Competition law 3959/2011, which concerns the maximum amount of fine imposed by law, the fine for its participation in the infringement, is zero.

Finally, the Competition Commission, by a majority, orders the General Directorate of Competition, pursuant to article 14 par. 2 (XVI) of the Greek Competition Act 3959/2011, to investigate any participation and liability of the company Greek Fertilizers and Chemicals ELFE SA in the practices identified by the Decision.

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