Friday, 10 October 2014 00:00

Decision 593/2014

Decision following prior notification of concentration, according to articles 5-10 of L. 3959/2011, regarding the acquisition of sole control over the company under the name “HELLAS ONLINE S.A.”by the company“Vodafone-Panafon S.A.”.

Decision 593/2014
File (PDF) Decision 593/2014
Date of Publication of Decision October 10th, 2014
Issue Number of Government Bulletin
Relevant Market

Mobile and fixed telephony, Internet Access and Broadband Access Services, pay-TV services

Subject of the Decision

Merger

Legal Framework

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

Operative part of the Decision

Clearance

Acquiring company(ies)

Vodafone-Panafon S.A

Target company

 HELLAS ONLINE S.A.

Summary of Decision

The Competent Chamber of the Hellenic Competition Commission unanimously approves, pursuant to article 8 par. 3 of L. 3959/2011, the notified, pursuant to articles 6 par.1 of L. 3959/2011, transaction consisting of the acquisition of sole control over the company “HELLAS ONLINE S.A.” (HOL) by the company “Vodafone-Panafon S.A.”. 

According to the merger notification, Vodafone will acquire full ownership and sole control over a percentage of 72.7% of the issued shares of HOL, and by the completion o the transaction, its total share on HOL will amount to 91.2%.

Based on previous decisions of EETT (Hellenic Telecommunications and Post Commission) and HCC, the broader markets relevant to the concentration are the following: A) market for mobile telephony services, B) market for fixed telephony services, C) market for Internet access services and broadband access services and D) market for pay-TV services. From the above-mentioned markets, the first three belong to the field of competence of EETT.  As far as the definition of the last relevant market is concerned, the notifying party adopts the position of HCC in its decision 538/VII/2012, according to which the market for pay-TV services is a distinct and downstream market in relation to the market for the production and acquisition of television content. In light of the above, the only relevant market to be examined in relation to the present transaction is that of the supply of pay-TV services.

Thus, after examination of this relevant market, the combined market shares of the two companies in this are less than 15%. Therefore, there are no affected markets, within the meaning of the existing provisions and the notified concentration, even though it falls within the scope of article 8 par. 1 of L.  3959/2011, it does not cause 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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