Tuesday, 30 March 2021 20:36

Press Release -  Statement of objections on the request put forth by DEPA COMMERCIAL S.A.

Subject: Statement of objections on the request put forth by DEPA COMMERCIAL S.A. for review of the Commitments undertaken by the company, under HCC Decision No 551/VII/2012, as amended by Decisions No. 589/2014, 596/2014, 618/2015, 631/2016, 651/2017 and 723/2020.

 

The Plenary of the Hellenic Competition Commission (HCC) will convene on May 17th, 2021, to examine, based on the relevant Statement of Objections (SO) by the Rapporteur, pursuant to Article 25(6) of Law 3959/2011[1], the request of DEPA COMMERCIAL S.A. for review of the Commitments undertaken by the company under HCC Decision No. 551/VII/2012, as amended by Decisions No. 589/2014, 596/2014, 618/2015, 631/2016, 651/2017 and 723/2020. 

According to the SO, taking into account the prevailing conditions in the domestic market for natural gas, it is estimated that the purpose of the Commitments Νο 1, 2, 4, 5, 6 and 7 adopted by HCC Decision No. 551/VII/2012[2], as amended, has now been fulfilled. 

The SO puts forward the following proposals:

  1. To establish that there has been a substantial change in the facts on which HCC Decision No. 551/VII/2012, as amended and applicable, was based regarding the Commitments undertaken by DEPA COMMERCIAL S.A. and
  2. To accept the request of DEPA COMMERCIAL S.A. for its exemption from each one of the Commitments No 1, 2, 4, 5, 6 and 7 adopted by HCC Decision No. 551/VII/2012.

 

It should be noted that the Statement of Objections is not binding on the HCC, which will decide on the basis of the available facts as well as the arguments put forward by the parties.

 

 

[1] «The HCC may, at the request of any interested party or of its own motion, reopen the proceedings where there has been a substantial change in the facts on which the decision was based, or if the undertakings concerned have failed to fulfill their commitments, or the decision was based on incomplete, inaccurate or misleading information from the undertakings concerned ". See also in this respect Article 9 par. 2 of Regulation 1/2003.

[2] For Commitment No 3 of Decision No 551/VII/2012 of HCC, see HCC Decision No 723/2020 here.

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