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Friday, 26 November 2021

Decision 753/2021

Decision on the notification of a concentration, pursuant to articles 5-10 of L. 3959/2011, concerning the acquisition of joint control over the company under the name “SPORTSLAND S.A.” by the companies “TOURISM ENTERPRISES OF MESSINIA S.A” and “AUTOHELLAS S.A.” through the acquisition of 50% of the share capital of the company “SPORTSLAND S.A.” by the company TOURISM ENTERPRISES OF MESSINIA S.A”.

Decision 753/2021
File (PDF) Decision 753/2021
Date of Issuance of Decision November 26th, 2021
Issue Number of Government Gazette 
Relevant Market
  1. Agricultural production market
  2. Real estate market
Subject of the Decision Decision on the prior notification of a concentration, pursuant to articles 5-10 of L. 3959/2011, concerning the acquisition of joint control over the company under the name “SPORTSLAND S.A.” by the companies “TOURISM ENTERPRISES OF MESSINIA S.A” and “AUTOHELLAS S.A.” , through the acquisition of 50% of the share capital of the company “SPORTSLAND S.A.” by the company TOURISM ENTERPRISES OF MESSINIA S.A”.
Legal Framework Article 6 L. 3959/2011
Operative part of the Decision

The HCC in chamber unanimously approves the notified concentration pursuant to article 8(3) of Law 3959/2011, considering that, although it falls within the scope of article 6(1) of Law 3959/2011, it does not raise serious doubts as to its compatibility with competition rules in the relevant markets concerned.

Acquiring company(ies)
  1. TOURISM ENTERPRISES OF MESSINIA S.A
  2. AUTOHELLAS S.A.
Target company(ies) SPORTSLAND S.A.
Summary of Decision

In accordance with article 8 par. 3 of Law 3959/2011, the HCC, where it finds that the notified concentration, although falling within the scope of article 6(1), does not raise serious doubts as to its compatibility with competition rules in the relevant markets concerned, approves the merger by issuing a relevant within 1 (one) month from the date of full and proper notification. The significant or non-significant restriction of competition resulting from the proposed concentration in the national market or in a substantial part of it and, in particular, by the creation or strengthening of a dominant position, is an essential criterion for merger control, pursuant to article 7(1) of Law 3959/2011.

According to the decision, the only business activity of the joint venture to date is the production / sale of olive oil with a very low turnover, while its potential activity in the market for land rental for purposes of construction and/ operation of photovoltaic installations, cannot lead to the acquisition of a significant market share. Moreover, there are no downstream or upstream markets affected, within the meaning of merger control rules , and accordingly there is no need to further examine the horizontal and / or vertical effects of the merger.

Therefore, according to the HCC, the existing competitive conditions in the markets concerned by the concentration are not likely to change significantly as a result of the concentration and, hence, the concentration is not expected to significantly affect or restrict competition in these markets.

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