Tuesday, 26 October 2021

Press Release - PUBLIC ANNOUNCEMENTS RELATING TO FUTURE PRICE INCREASES FROM ASSOCIATIONS OF UNDERTAKINGS AND OTHER PROFESSIONAL BODIES 

Subject: PUBLIC ANNOUNCEMENTS RELATING TO FUTURE PRICE INCREASES FROM ASSOCIATIONS OF UNDERTAKINGS AND OTHER PROFESSIONAL BODIES 

Following recent press reports on price increases in the markets for the supply of traditional meals in the Athens region, restaurant services in the Larissa region and bakery products in the Patras region, the HCC has already contacted specific Business Associations in order to draw their attention so that they refrain from any anti-competitive practices.

Any intervention by professional bodies/ associations and/ or concerted practices between professionals, in any way and to any extent and level, as well as in any part of the Greek Territory, which have as their object or effect the prevention, restriction or distortion of competition in the Greek Territory and, in particular, those directly or indirectly fixing purchase or selling prices or other transaction terms, shall be considered as hardcore infringements of national and EU law on free competition pursuant to Article 1 of Law 3959/2011 and Article 101 of the Treaty on the Functioning of the European Union (TFEU).

Any violation of these rules shall be subject to both administrative fines and penalties as well as criminal liability for the professionals involved in such practices and for any third legal entities that contributed to the creation of collusion/ price harmonization phenomena in the above sectors.

In this context, the aforementioned Business Associations were asked to refrain from any such conduct and to promptly inform their members of their obligations to comply with competition rules, as set out above.

Furthermore, the HCC hereby informs all undertakings as well as associations of undertakings operating in the Greek market, at either local or national level, about potential cartels and concerted practices, in breach of competition law, between competing companies aiming at establishing, recommending and imposing an intended future price or discount for products or services that a company supplies or may supply or that a company purchases or may purchase.

Effective competition and consumer protection are among the HCC’s primary goals and objectives. Within its remit, the HCC will take immediate action against anyone responsible, without exception, in any case where there may be serious indications of competition restrictions.

In this context, it should be recalled that public announcements, by whatever way or means, (e.g. through official communications, communications to the mass media or on the internet), concerning envisaged specific price increases of products or a limitation of production or even customer allocation and markets sharing, especially when they come from business federations/ associations and other professional bodies operating in the market or through public statements of their representatives or third parties, may be a means to, and/ or facilitate the operation of cartels between competitors or be a way of reaching price harmonisation agreements between competitors. Such practices aim at the direct exploitation of consumers, risk social and economic cohesion and, as they represent a serious risk to the public interest, they are subject to the intervention of the Hellenic Competition Commission by the imposition of fines, according to the provisions of the Greek Competition Act.

Of particular note is the HCC’s willingness to intervene, if and when needed, in any sector as well as in any geographical area to address such phenomena.

Citizens and professionals are invited to proceed to a named or anonymous reporting to the HCC of any information that has come to their knowledge about interventions and arrangements aimed at creating such market conditions.

It is noted that the HCC, within its remit as the authority responsible for ensuring the proper functioning of free and competitive markets, will continue to systematically monitor competition conditions and will intervene as an immediate priority, whenever necessary, investigating any relevant case that will come to its notice either ex officio, by conducting relevant economic analyses, or following a complaint, an application for leniency or an anonymous information reporting through the dedicated secure digital environment (see Anonymous reporting of information (whistleblowing)) and will impose severe administrative sanctions on undertakings and/ or federations/ associations of undertakings that may have adopted anti-competitive practices, according to the provisions of L. 3959/2011 and Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU).

It is recalled that, according to Article 44 par. 1 of L. 3959/2011, any person (natural and legal person carrying on an economic activity) which enters into an agreement, decision or concerted practice in breach of Article 1 of L. 3959/2011 or Article 101 of the Treaty on the Functioning of the European Union(TFEU) and where that practice pertains to undertakings which are in actual or potential competition with each other, shall be punished by a term of imprisonment of at least two (2) years and a fine of between EUR one hundred thousand (100,000) and one million (1,000,000).

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