Thursday, 24 March 2016

Decision 625/2016

Calculation of a fine after the issuance of the referral Decision no. 527/2016 of the Administrative Court of Appeal of Athens concerning the company GERMANOS S.A. (Decision no 580 / VII / 2013).



Decision 625/2016
File (PDF)  Decision 625/2016
Date of Publication of Decision  March 24th, 2016
Issue Number of Government Bulletin   
Relevant Market  Retail Sale and Distribution of Telephony, Informatics and High Technology Products 
Proceedings  Collusion, abuse of dominant position 
Νομικό Πλαίσιο Articles 1 and 2 of the Greek Competition Act 3959/2011
Διατακτικό Απόφασης Calculation of a fine - Decision no. 527/2016 of the Court of Appeal of Athens (Administrative Division)




4. Dimitrios Kolettas

5. Miltiadis Gonzos and Ismini Gonzou, in their capacity as former partners of the already dissolved "M. GONTZOS and CO G.P.
Respondent  GERMANOS S.A. 
Summary of Decision   

The Administrative Court of Appeal of Athens with its Decision no. 527/2016 referred to the Competition Commission its Decision no. 580 / VII / 2013, in order to measure the fine imposed separately for each of the infringements a) resale prices, (b) the restriction of reciprocal supplies between distributors - licensees and (c) the imposition of a non - compete clause after the expiry of the contracts between the applicant and its licensees, during the years 1990-2012.

The decision was referred only to the chapter that refers to the measurement of the imposed fine of 10,251,548 € for violation of the provisions of article 1 of the Greek law 703/1977 on free competition (now article 1 of law 3959/2011) and article 81 EC (now Article 101 TFEU).

According to the above Decision, when the Commission examines several infringements, the calculation of the fine must be done separately for each of them. In particular, interpreting that infringements concerning a) the determination of resale prices, b) the restriction of mutual supplies between distributors-licensees and c) the imposition of a non-compete clause are independent and, therefore, the above ceiling defined in Law 3959/2011 applies to each of the alleged infringements, which are not absorbed and a different fine is imposed for each of them.

In view of the above, the Competition Commission, in Plenary, decided unanimously and in an open vote to impose a fine on the company "GERMANOS SA" for the three individual infringements, as follows:

A. For the determination of resale prices, six million one hundred fifty thousand nine hundred thirty euros (€ 6,150,930),

B. For the prohibition of reciprocal supplies between distributors-licensees, three million seventy-five thousand four hundred sixty-four euros (€ 3,075,464).

C. For the imposition of a non-compete clause after the expiration of the contracts, one million twenty-five thousand one hundred fifty euros (€ 1,025,154).
Judicial Means Final. Decision has not been appealed.
Decisions by the Court of Appeal of Athens (Administrative Division) -
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