Grocery stores (supermarket) retail market

Merger

Phase I (article 8 par. 3 L. 3959/2011)

Clearance

DIAMANTIS MASOUTIS S.A.

Specific supermarket stores of the company ATLANTIC SUPERMARKET S.A.

The HCC has taken a decision on the notified acquisition of assets and the relevant legal functioning permits/ licenses of retail supermarket stores of the company “ATLANTIC SUPERMARKET S.A.” by the company “DIAMANTIS MASOUTIS S.A.”with the provision of re-leasing of the said stores and recruitment of the staff already working in them by the company “DIAMANTIS MASOUTIS  S.A.”,as provided for in articles 4 and 4b-4f of former L. 703/1977.

The Competent Chamber of the HCC decided unanimously and in an open vote the following:

1. Finds that the company “DIAMANTIS MASOUTIS S.A.”, which was subject, according to article 4b1 of former L. 703/1977 (article 6§1 of current L. 3959/2011) to the obligation to notify the concentration in question, infringed article 4e§1 of former L. 703/1977 (article 9§1 of current L. 3959/2011),with regard to the prohibition of the conclusion of the concentration before approval by the HCC,
2. Does not impose a fine because liability of the notifying party is not sufficiently established by law, according to article 4e1 of former L. 703/1977 (article 9§1 of current L. 3959/2011), with regard to the violation of the prohibition of the conclusion of concentration before approval by the HCC,
3. Approves the notified concentration resulting acquisition of assets and the relevant legal functioning permits/ licenses of retail supermarket stores of the company“ATLANTIC SUPERMARKET S.A.”by the company “DIAMANTIS MASOUTIS S.A.”with the provision of  re-leasing of the said stores and recruitment of the staff already working in them by the company “DIAMANTIS MASOUTIS  S.A. as provided for in article 4d par.3 of former L. 703/1977 ( article 8 par.3 of current L. 3959/2011), according to the rationale of the Decision.The notified concentration, although falling under the scope of paragraph 1 of article 4b of former L. 703/1977 (par.1 of article 6 of current L. 3959/2011), it does not raise serious doubts as to its compatibility with the competition rules in the relevant markets concerned.