Baby Diapers

Anti-competitive agreements, abuse of a dominant position

Articles 1 and 2 L. 3959/2011 and 101 and 102 of TFEU

Finding of infringement

Ex officio investigation

PROCTER & GAMBLE HELLAS S.A.

Following an ex officio investigation carried out for the finding of infringement of competition rules by the company Procter & Gamble (P&G), regarding the relevant market of baby diapers, the HCC concluded (by majority vote) that the company has infringed Article 2 of L.3959/2011 and 102 of TFEU regarding abuse of dominance, as well as Article 1 of L.3959/2011 and 101 TFEU regarding prohibited concerted practices.
According to the decision, during the investigated period from 2003 to 2011, P&G had adopted and implemented anticompetitive practices aimed at maintaining and/or strengthening its dominant position in the market for baby diapers, thereby excluding competitors and limiting their growth possibilities. 
The alleged abusive conduct included, among others, tailor-made individualized target rebates and rebates conditional upon the commitment of excessive shelf space for its baby diapers, as agreed between P&G and major retail chains throughout the investigated period. Based on the gravity and duration of the infringement, and after taking into account the particularities and economic conditions of the case, the HCC imposed on P&G a fine of 5,312,700 euro and obliged it to omit similar anti-competitive conduct in the future.

DEA 1410/2022