Wednesday, 29 December 2021

Decision 760/2021

Decision following the ex-officio investigation conducted by the Directorate-General for Competition in the Greek market for cooling and heating systems/appliances for alleged infringements of Articles 1 of Law 3959/2011 and/ or 101 TFEU

Decision 760/2021
File (PDF) Decision 760/2021
Date of Issuance of Decision December 29th, 2021
Issue Number of Government Gazette 
Relevant Market

Domestic market for the supply of cooling and heating systems/appliances (in particular concerning respectively the marketing/distribution air conditioning systems, heating boilers and other heating appliances, as well as water heaters).

Subject of the Decision

Vertical agreements – Resale price maintenance (RPM)

Legal Framework Article 1 Ν. 3959/2011 and Article 101 TFEU
Operative part of the Decision

Finding of infringement and imposition of a fines

Complainant(s)

Ex-officio investigation

Company(ies) concerned

  1. “CLIMA CONTROL SA”;
  2. “ HELIOAKMI SA”;
  3. “AHI CARRIER SE EUROPE”;
  4. “AMIRIDIS-SAVVIDIS SA” and “KALLIOPI KARIDA LIMITED PARTNERSHIP”;
  5. “IQ SOLAR SINGLE MEMBER PRIVATE COMPANY”;
  6. “G.E. DEMETRIOU SA”;
  7. “MAVIL SA”;
  8. “D. MAVROGENIS SA” and
  9. “F.G. EUROPE SA". 
Summary of Decision

In light of the evidence collected in the course of dawn raids carried out by the HCC’s Directorate-General for Competition, as well as from other investigative measures, it was established that the above-mentioned companies had adopted, at different intervals each during the period from 2011 until 2020, practices relating to online resale price maintenance (RPM) in the context of vertical agreements with their retailers.

In view of the above findings, the HCC decided to impose fines to the above-mentioned companies. 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.

In particular, the HCC imposed the following fines:

  1. with regard to the company “CLIMA CONTROL SA”, a fine totalling EUR 22.616,15 for an infringement of Article 1 of Law 3959/2011;
  2. with regard to the company “HELIOAKMI SA”, a fine totalling EUR 24.256,57;
  3. with regard to the company “AHI CARRIER SA EURPE”, a fine totalling EUR 67.909,03 ;
  4. with regard to the companies “AMIRIDIS-SAVVIDIS SA” and “KALLIOPI KARIDA LIMITED PARTNERSHIP”, a fine totalling 133.600,66;
  5. with regard to the company “IQ SOLAR IKE”, a fine totalling EUR 32.459,87 ;
  6. with regard to the company “G.E. DEMETRIOU SA”, a fine totalling EUR 509.275,85;
  7. with regard to the company “MAVIL SA”, a fine totalling EUR 6.840,03;
  8. with regard to the company “D. MAVROGENIS SA”, a fine totalling EUR 224.216,67; and 

with regard to the company “F.G. EUROPE SA”, a fine totalling EUR 146.206,78 .

Judicial Proceedings -
Decisions by the Administrative Court of Court of Appeal of Athens -
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