Wednesday, 01 March 2017

Decision 641/2017

Decision on the proposals of the company NIK. I. THEOCHARAKIS S.A. for commitments, pursuant to Article 25 par. 6 of the Greek Competition Act 3959/2011, concerning the following alleged infringements: a) the determination of resale prices of spare parts and repair works in the context of programs related to the provision of technical service to customers of insurance companies and b) the provision of direct full and equal access to the independent repairers regarding the technical information.

Decision 641/2017
File (PDF) Decision 641/2017
Date of Publication of Decision March 1st, 2017
Issue Number of Government Bulletin  
Relevant Market Vehicles, Vehicle Spare Parts, After-Sales Repair Work
Proceedings Collusion
Legal Framework Article1 and 25 par.6 of the Greek Competition Act 3959/2011
Decision Decision not finding an infringement – Commitments
Complainant K.S. Cholis SA (co-examination of complaints no. 8072 / 18.11.2008 and  no. 116 / 11.01.2010)
Respondent   NIK. I. THEOCHARAKIS S.A.
Summary of Decision

 The investigation was launched following the complaints by the company "KS. Cholis S.A." against the companies "NISSAN EUROPE SAS"," NISSAN INTERNATIONAL SA", "SPX Service Solutions Germany GmbH" and eight affiliates with current and former members of the authorized sales and after-sales service network under the NISSAN mark, for violation of Articles 1 par. 1 and 2a of the Greek law 703/1977 (now Articles 1 and 2 of the Greek Competition Act 3959/2011) and 81 par. 1 EEC (now Article 101 TFEU), as well as of the Regulation 1400/2002.

Following a hearing, the Competition Commission decided: a) by a majority the acceptance of the proposed commitments by the company "NIK. I. THEOCHARAKIS SA" and specifically to address resale pricing of spare parts and repair work, as part of a NISSAN authorized customer service network and b) unanimously accepting the proposed commitments regarding the issue of not providing immediate, full and equal access to technical information for the repair and maintenance of NISSAN vehicles to independent repairers.

Specifically, regarding the alleged breach of the resale pricing of spare parts and repair works, within the framework of a technical service program provided by the authorized NISSAN network, "NIK. I. THEOCHARAKIS SA" undertook not to set minimum or specific prices in any corresponding program in the future, only maximum prices and that any discounts provided will be the minimum and not the maximum or fixed.

The company also promised that the participation of authorized repairers in these programs would be optional. The monitoring of compliance with the commitments listed is handy.

The commitments of the second alleged infringement were assessed unanimously by the Competition Commission as appropriate, given the immediate market results and in particular the expected positive effects on independent repairers. In addition, the Competition Commission took into account the didactic role of commitments in determining the obligations of car importers, and considered that the proposed commitments apply the principle of equal treatment of authorized and independent repairers with regard to access to technical information. In case of non-compliance with the commitments, the Commission may impose a fine pursuant to Article 25 par. 1 of Law 3959/2011.
Judicial Means Final. Decision has not been appealed.
Decisions by the Court of Appeal of Athens(Administrative Division) -
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