The market for “ready-to-eat cereal” (RTEC)

Decision on the ex officio investigation conducted by the HCC’s Directorate-General for Competition (DGC) into possible anti-competitive practices in the markets for the supply, marketing and retail of cereals, milk, coffee, jams, beverages and cheese, in the context of horizontal and/or vertical agreements and, in particular, on the part of the investigation concerning possible vertical agreements in the supply, marketing and retail of cereals, in breach of Article 1 of Law 3959/2011 on the "Protection of Free Competition," as in force, and/or Article 101 of the Treaty on the Functioning of the European Union (TFEU), following the Settlement Proposal submitted by the company “ATLANTA S.A.’’

Article 29A of Law 3959/2011 and para. 35 of the HCC Plenary Decision No. 790/2022.

Operative part of the Decision

The Hellenic Competition Commission (HCC), in plenary sitting, decided, by majority and open vote, as follows:

Finds that ATLANTA S.A. has infringed Articles 1 of Law 3959/2011 and 101 TFEU through its participation in a prohibited vertical agreement, according to the grounds of this Decision.

Orders ATLANTA S.A. to cease, if it ha not already done so, and to refrain in the future from the infringements of Articles 1 of Law 3959/2011 and 101 TFEU found in the grounds of this Decision.

Imposes on ATLANTA S.A. a reduced fine amounting to one hundred twenty-seven thousand three hundred fourteen euros (€ 127,314) under the Settlement Procedure for the established infringement of Articles 1 of Law 3959/2011 and 101 TFEU.

“ATLANTA S.A.”

According to the evidence available and ATLANTA S.A.’s settlement proposal, the company engaged in a practice of resale price maintenance for breakfast cereals in the retail distribution channel (supermarkets) by implementing a tacit vertical agreement, which restricted the ability of its partner retailers/supermarket chains to freely set the retail prices of KELLOGG’S brand breakfast cereals, in breach of Articles 1 of Law 3959/2011 and 101 TFEU. The above practice constitutes a vertical restriction of competition by object. This vertical agreement lasted from 09.03.2021 to 31.08.2021.