Monday, 20 October 2014

Decision 595/2014

Decision on the prior notifications with ref. no. 601/31.1.2011, 856/10.02.2011 and 1044/18.02/2011, for the 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.

Decision 595/2014
File (PDF) Decision 595/2014
Date of Publication of Decision October 20th, 2014
Issue Number of Government Bulletin
Relevant Market

Grocery stores (supermarket) retail market

Subject of the Decision

Merger

Legal Framework

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

Operative part of the Decision

Clearance

Acquiring company/ies

DIAMANTIS MASOUTIS S.A.

Targeted company/ies

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

Summary of Decision

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.
Judicial Means Final. No appeal.
Decisions by the Court of Appeal of Athens (Administrative Division) -
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