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Wednesday, 22 December 2021

Decision 757/2021

Decision 757/2021

Decision on the case concerning: a) the complaint under ref. no. 3760/4.7.2017 lodged by the company KOSTARELOS S.A. against the companies: 1) “RIST HELLAS PC”, 2) “DIESEL HELLAS SA”, 3) “P. GKOGAS and Co GP”, 4) “TIME CENTER SA”, 5) “THE SWATCH GROUP (GREECE) SA”, 6) “SWATCH GROUP LTD”, 7) “AIKATERINI KANTZIKI-DIMITRIOS KOUTSIKOPOULOS IKE”, 8) “LOTHMAN TRADING B.V”, 9) “G. APOSPORIS”, 10) “SHOP & TRADE SA”, 11) “CHRONORA KALLIGERIS” and 12) “TAG HEUER HEADQUARTERS BRANCH OF LVMH SWISS MANUFACTURE SA”, for alleged infringements of Article 1 of L. 3959/2011 on the “Protection of Free Competition”, as in force and/or Article 101 of the Treaty for the Functioning of the European Union (TFEU), and b) the ex officio investigation conducted by the HCC’s Directorate-General for Competition (DGC) in the market for the sale/distribution of wristwatches, in order to determine whether the conditions for application of the provisions of articles 1 of L. 3959/2011 and/or 101 TFEU are met.

Decision 757/2021
File (PDF) Decision 757/2021
Date of Issuance of Decision December 22nd, 2021
Issue Number of Government Gazette 

FEK 4437/ Β΄/ 22.8.2022
Relevant Market

Sale/distribution of wristwatches
Subject of the Decision

Vertical agreements (resale price maintenance ('RPM'), Restriction of parallel trade, Restrictions on passive sales)
Legal Framework Article 1 Ν. 3959/2011 and Article 101 TFEU
Operative part of the Decision

Finding of infringement and imposition of fines
Complainant(s)

KOSTARELOS SA
Company(ies) concerned
  1. CHRONORA KALLIGERIS
  2. SHOP & TRADE S.A.
  3. APOSPORIS
  4. LOTHMAN TRADING B.V.
  5. AIKATERINI KANTZIKI-DIMITRIOS KOUTSIKOPOULOS IKE
  6. DIESEL HELLAS
  7. RIST HELLAS
  8. P. GKOGAS
  9. TIME CENTER S.A.
  10. THE SWATCH GROUP (GREECE) S.A.
  11. SWATCH GROUP LTD
  12. TAG HEUER HEADQUARTERS BRANCH OF LVMH SWISS MANUFACTURE S.A.
  13. AMER SPORTS EXPORT GMBH
  14. ORIS S.A
  15. SYMBOL HELLAS S.A.
  16. FOSSIL (EUROPE) GmbH
Summary of Decision
  1. By its Decision No 757/2021, the Plenary Session of the HCC unanimously decided, following the relevant Statement of Objections, as follows:
    1. With regard to the company TIME CENTER SA: Infringement of Article 1 of Law 3959/2011 and Article 101 TFEU for enforcing RPM practices and preventing parallel trade, for a period from 2012 until 2017, and imposition of a fine of EUR 183,154.11.
    2. With regard to the company AIKATERINI KANTZIKI-DIMITRIOS KOUTSIKOPOULOS IKE: Infringement of Article 1 of Law 3959/2011 and Article 101 TFEU for enforcing RPM practices, while applying a mechanism for monitoring the fixed prices for a period from 2011 to 2017, and imposition of a fine of EUR 182,741.86.
    • With regard to the company SHOP & TRADE SA: Infringement of Article 1 of Law 3959/2011 and Article 101 TFEU for enforcing RPM practices, while applying a mechanism for monitoring the fixed prices for the period, for a period from 2016 to 2017, and imposition of a fine of EUR 21,899.79.
    1. With regard to the company SYMBOL HELLAS SA: Infringement of Articles 1 of Law 3959/2011 and 101 TFEU for enforcing RPM practices, for a period from 2011to 2016, and imposition of a fine of EUR 238,655.22.
    2. With regard to the company ORIS SA: Infringement of Articles 1 of Law 3959/2011 and 101 TFEU for applying restriction on passive sales on resellers outside Greece and Cyprus, for a period from 2014 to 2021, and imposition of a fine of EUR 18,370.8.
    3. With regard to the company AMER SPORTS EXPORT GMBH: Infringement of Article 1 of Law 3959/2011 and Article 101 TFEU for enforcing RPM practices towards its wholesaler-distributor, for a period from 2015 to 2017, and imposition of a fine of EUR 13,506.40.

Furthermore, the HCC ordered the above companies to put an end to the above infringements, in so far as they continue, and to omit them in the future, and threatened the companies with a fine in case the HCC decides in the future that the above-mentioned infringements continue or are repeated.

Moreover, as regards the company FOSSIL (EUROPE) GMBH, the HCC did not find an infringement of Article 1 of Law 3959/2011 or Article 101 TFEU. Finally, the HCC dismissed the complaint of KOSTARELOS SA as to its remainder, and in so far as it concerned the companies RIST HELLAS, DIESEL HELLAS, P. GKOGAS, THE SWATCH GROUP (GREECE), SWATCH GROUP LTD, APOSPORIS, CHRONORA KALLIGERIS, TAG HEUER HEADQUARTERS BRANCH OF LVMH SWISS MANUFACTURE SA, and LOTHMAN TRADING B.V. (OOZOO TIMEPIECES).
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