Thursday, 16 December 2021 00:00

Decision 755/2021

Decision following the ex-officio investigation conducted by the Directorate-General for Competition in the tender for the public infrastructure project “Northern Road of Crete, Gournes – Chersonissos Part” (“Gournes – Chersonissos”) for possible violation of Article 1 Law 3959/2011 and Article 101 of the Treaty on the Functioning of the European Union (TFEU).

Decision 755/2021
File (PDF) Decision 755/2021
Date of Issuance of Decision

December 16th, 2021

Issue Number of Government Bulletin FEK 6668/ Β΄/31.12.2021
Relevant Market

Tender for the public infrastructure project “Northern Road of Crete, Gournes – Chersonissos Part”

Subject of the Decision

Bid-rigging

Legal Framework

Article 1 L. 3959/2011 and 101 TFEU

Operative part of the Decision

Finding of infringement and imposition of a fine

Complainant(s)

Ex officio investigation

Company(ies) concerned

ATHONIKI TECHNIKI SA (“ATHONIKI”)

Summary of Decision

By its unanimous Decision No. 755/2021, the Grand Chamber of the Hellenic Competition Commission finds an infringement of articles 1 par. 1 of L. 3959/2011, as in force, and 101 par. 1 TFEUconsisting in bid-rigging in the tender for the public infrastructure project “Northern Road of Crete, Gournes – Chersonissos Part” (“Gournes – Chersonissos”) and imposes on “ATHONIKI TECHNIKI S.A” (“ATHONIKI”), for the above infringement of articles 1 par. 1 of L. 3959/2011, as in force, and 101 par. 1 TFEU, a fine of € 5,828.55.
 
ATHONIKI participated in anti-competitive practices and, more specifically a) has entered into an agreement with other members of the cartel, prior to the submission of the financial offer, on i) which joint venture would submit the winning bid, ii) which undertakings would submit cover biddings and iii) the monetary compensation for the companies submitting the cover bids and b) exchanged sensitive commercial information with the other cartel members.

Judicial Means -
Decisions by the Court of Appeal of Athens (Administrative Division) -
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