Monday, 12 November 2012 00:00

Decision 551/2012

Decision on a) the complaint originally lodged to the Regulatory Authority for Energy (RAE) and forwarded by it to the Hellenic Competition Commission (HCC) pursuant to its Decision No 1175/2010, by the company under the name “ALUMINIUM S.A.” (ALUMINIUM or the Complainant) against the company under the name “Hellenic Gas Transmission System Operator S.A.” (DESFA) and the company under the name “Public Gas Corporation S.A.” (DEPA), and b) the complaint lodged to the HCC by ALUMINIUM against DEPA, for the examination of the alleged infringements of Articles 101, 102 TFEU and Articles 1 and 2 of former Law 703/77 (as was applicable) and Articles 1 and 2 of the current Law 3959/2011.

Decision 551/2012
File (PDF) Decision 551/2012
Date of Issuance of Decision

November 12th, 2012

Issue Number of Government Bulletin
Relevant Market

Natural gas

Subject of the Decision

Anti-competitive agreements, Abuse of a Dominant Position

Legal Framework

Article 25 par. 6 L. 3959/2011

Operative part of the Decision

Acceptance of commitments

Complainant(s)

ALUMINIUM OF GREECE

Company(ies) concerned

DEPA S.A.

Summary of Decision

By a unanimous decision dated 12 November 2012, the Hellenic Competition Commission (HCC) accepted commitments offered by “PUBLIC GAS CORPORATION” (DEPA), to cease and desist from the alleged infringements in the market for the supply of natural gas and the market for access to the natural gas network, in order to ensure the unbundling of gas supply from gas transportation services, increase liquidity in the market for natural gas, provide a higher degree of customer freedom in negotiating their annual contractual gas quantities with DEPA, ensure the gradual opening of reserved capacity by DEPA at the entry points of the transmission network, leading thus to a more effective access of competitors to the natural gas market. These commitments, with a duration of ten (10) years, were made binding on DEPA, while, in case of non-compliance, the Hellenic Competition Commission may impose the fines provided for in Article 25 of Law 3959/2011.

It is noted that DEPA proposed these commitments following the examination of: a) the complaint originally lodged to the Regulatory Authority for Energy (RAE) and forwarded by it to the HCC pursuant to its Decision No 1175/2010, by the company under the name “ALUMINIUM S.A.” (ALUMINIUM) against the company under the name “HELLENIC GAS TRANSMISSION OPERATOR S.A.” (DESFA) and the company under the name “PUBLIC GAS CORPORATION S.A.” (DEPA), and b) the complaint lodged to the HCC by ALUMINIUM against DEPA, for the examination of the alleged infringements of Articles 101, 102 TFEU and Articles 1 and 2 of Law 703/77 (as was applicable) and Articles 1 and 2 of current Law 3959/2011 on which HCC Decision No 555/VII/2012 was adopted.

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