Thursday, 30 September 2021 10:10

Decision 748/2021

Settlement Decision following Article 25a of Law 3959/2011 and the Hellenic Competition Commission (“HCC”) Decision No 704/2020 on the ex-officio investigation in the tender for the public infrastructure project “Northern Road of Crete, Gournes – Chersonissos Part” (“Gournes – Chersonissos”) for possible violation of Article 1 Law 3959/2011 on the “Protection of free competition”, as in force, and Article 101 of the Treaty on the Functioning of the European Union (TFEU), following the settlement submission by the undertaking MESOGEOS S.A.

Decision 748/2021
File (PDF) Decision 748/2021
Date of Publication of Decision September 30th, 2021
Issue Number of Government Bulletin Publication pending
Relevant Market  Tender for the public infrastructure project “Northern Road of Crete, Gournes – Chersonissos Part
Subject of the Decision Bid-rigging
Legal Framework

Article 1 L. 3959/2011 and 101 TFEU 
Settlement Procedure (article 25a L. 3959/2011 and HCC Decision No 704/2020)

Operative part of the Decision Finding of infringement and imposition of a fine
Complainant(s) Ex-officio investigation
Company(ies) concerned MESOGEOS S.A.
Summary of Decision

The Hellenic Competition Commission (HCC), in plenary, unanimously adopted Decision No 748/2021 according to the simplified Settlement Procedure (Article 25a of Law 3959/2011 and Decision No 704/2020) following the settlement submission by the undertaking MESOGEOS S.A.

The conduct of MESOGEIOS consisted in an agreement / concerted practice concluded / adopted prior to the submission of the financial bids for market allocation in the tender for the Gournes Hersonissos project. Specifically, MESOGEOS engaged in a) an agreement with other members of the cartel, prior to the submission of the financial offer, i) which joint venture would submit the winning bid, ii) which undertakings would submit cover biddings and iii) the monetary compensation for the companies submitting the cover bids and b) to have exchanged sensitive commercial information with the other cartel members.

The HCC imposed on MESOGEIOS S.A. a fine reduced by 15%, under the settlement procedure and in accordance with the grounds of the Decision, for the established infringement of article 1 of Law 3959/2011 and 101 TFEU, amounting to € 4,954.

Judicial Means -
Decisions by the Court of Appeal of Athens (Administrative Division) -
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