Friday, 26 March 2021 10:10

Decision 730/2021

Decision in relation to infringements of Articles 1 and 2 of Law 3959/2011 and Articles 101 and 102 TFEU in the Greek market for general purpose gas appliances by DIMKA SA (currently RESOUL), following a complaint by STAMATOULIS SA as well as an ex officio investigation of the HCC’s General Directorate for Competition

Decision 730/2021
File (PDF) Decision 730/2021
Date of Publication of Decision March 26th, 2021
Issue Number of Government Bulletin
Relevant Market  Wholesale market for general purpose gas appliances
Subject of the Decision Decision in relation to infringements of Articles 1 and 2 of Law 3959/2011 and Articles 101 and 102 TFEU in the Greek market for general purpose gas appliances by DIMKA SA (currently RESOUL), following a complaint by STAMATOULIS SA as well as an ex officio investigation of the HCC’s General Directorate for Competition
Legal Framework Articles 1 & 2 of Greek Law 3959/2011 - Articles 101 & 102 TFEU
Operative part of the Decision

According to the unanimous Decision of the Hellenic Competition Commission, adopted in an open vote:

Ι. RESOUL has infringed, according to the above reasoning, Articles 1 and 2 of Greek Law 3959/2011 and 101 and 102 TFEU during the period extending from 16.05.2008 to 31.12.2012,

ΙΙ. RESOUL has infringed, according to the above reasoning, Articles  2 of Greek Law 3959/2011 and 102 TFEU during the period extending from 01.01.2005 to 31.12.2019,

ΙΙΙ. The HCC imposed upon RESOUL the obligation to refrain in future from the abovementioned infringements,

ΙV. The HCC imposed a fine of EUR 1.100.547,11 upon RESOUL for the infringements of Articles 1 and 2 of Greek Law 3959/2011 and 101 and 102 TFEU,

V. The HCC threatens RESOUL with a fine in case continuation or recurrence of the above infringements is established by the Commission.

Company(ies) concerned

STAMATOULIS SA

DIMKA SA (currently RESOUL)

Summary of Decision According to the HCC decision, RESOUL has infringed Articles 1 of Greek Law 3959/2011 and 101 TFEU during the period 2008-2012, by imposing upon its wholesalers/ distributors anticompetitive vertical restraints, namely retail price maintenance, restriction of passive sales (as well as active sales, particularly for the period 2008-2009), and single branding obligations.

In addition, according to the HCC decision, RESOUL holds a dominant position in the Greek wholesale market for general purpose gas appliances and has abused said dominant position during the period 2008-2012, by imposing exclusivity obligations upon its distributors. These contractual terms, in conjunction with the offering of target rebates, aimed at maintaining and/or strengthening its dominant position in the relevant market, thereby excluding competitors and limiting their growth possibilities, in breach of Articles 2 of Greek Law 3959/2011 and 102 TFEU. Finally, according to the HCC decision, RESOUL has abused its dominant position in the Greek wholesale market for general purpose gas appliances during the period 2005-2019, by offering to the supermarkets loyalty inducing rebates based on individualized targets. Said rebates were granted retroactively to all purchases and not only to those purchases in excess of the target and aimed at maintaining and/or strengthening RESOUL’s dominant position in the relevant market, thereby excluding competitors and limiting their growth possibilities, in breach of Articles 2 of Greek Law 3959/2011 and 102 TFEU.  

Judicial Means Court of Appeal
Decisions by the Court of Appeal of Athens (Administrative Division) DEA N89/2021
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