Friday, 24 February 2023

Decision 812/2023

Review of the commitments undertaken by the company under the name “MYTILINEOS S.A. - GROUP OF COMPANIES” under HCC Decision no. 682/2019, to decide on any extension or waiver of these commitments.

Decision 812/2023

File (PDF) Decision 812/2023
Date of Issuance of Decision February 24th, 2023
Issue Number of Government Gazette
Relevant Market

The relevant markets for cast and recast aluminium as well as the complementary service market for aluminium recasting on behalf of third parties.

Subject of the Decision Decision on the review of the commitments undertaken by the company under the name “MYTILINEOS S.A. - GROUP OF COMPANIES” under HCC Decision no. 682/2019, to decide on any extension or waiver of these commitments.
Legal Framework

Article 8 (8),  Law 3959/2011

Operative part of the Decision

The Hellenic Competition Commission unanimously decided to:

1.         waive the Commitments referred to in points A), B), D) and E) of the HCC’s earlier Decision no 682/2019;

2.         As regards Commitment C), following commitment review, it is reformulated as follows:

a) “MYTILINEOS S.A. is required to maintain the provision of clean aluminium waste recasting services to meet the needs of EP.AL.ME.'s existing and solvent customers, as long as the trade agreements between them are honored, at a rate of 50% of the smelting production provided in the reference year 2018, under HCC Decision no. 682/2019 (i.e., 12,859 tons)”.

b) The reformulated commitment C) shall be valid for 2 years, following HCC Decision no. 682/2019, a period which is deemed appropriate and proportionate for the purposes of this case while, upon expiry of the above period, the commitment shall automatically and definitively cease to have effect.

Company(ies) concerned


2. “EP.AL.ME S.A.”

Summary of Decision

According to the grounds of the Decision, the HCC decided to waive Commitments under A), B), D) and E) of HCC Decision no. 682/2019, provided that the commitments under A), B), D) relate, in any event, to a pure cessation of abusive practices, which are in any event prohibited by Articles 2 of Law 3959/2011 and 102 TFEU and, therefore, do not have an independent binding effect. In addition, regarding commitment E), no further assessment is necessary as the obligation to inform the clients of MYTILINEOS/EP.AL.ME. was observed. As regards commitment C), the HCC took into account: i) the absence of a significant and definitive change in market conditions as meaning the absence of an actual and definitive entry of a new competitor-foundry into the market and the creation of an alternative solution for extruders, ii) the emerging future activity of an EP.AL.ME.’s major customer, iii) the gradual switch of another EP.AL.ME.’s major customer to possible alternative solutions such as foreign companies/foundries as a market-expanding trend and iv) the expressed intention of MYTILINEOS to expand the overall capacity of the specific aluminium foundry in order to meet the relevant objectives of reducing direct and indirect emission of pollutants in aluminium production for reasons of environmental protection; therefore, the maintenance of half of the production of the reference year in the relevant commitment under C) for a period of 2 years is considered proportionate and appropriate.

Judicial Means -
Decisions by the Court of Appeal of Athens (Administrative Division) -
See Press Release HERE
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