The Hellenic Competition Commission (HCC) hereby informs citizens that under the relevant legislation [see Ministerial Decision no. 98491/9.9.2021 (GG Β΄4181/9.9.2021)[1]] price caps are set for SARS-CoV-2 diagnostic tests carried out in private diagnostic laboratories, private clinics as well as in any other retail outlet, such as pharmacies. In particular:
«1. For the diagnostic test for SARS-CoV-2 based on the molecular Real Time - PCR method:
a) a maximum price for service providing (analysis of sample etc.) is set at forty euros (40 €), including charges for the required reagents and consumables,
β) a maximum price for sampling in private diagnostic laboratories and private clinics is set at twenty euros (20 €).
2. For the rapid antigen detection (RAD) test for the detection of SARS-CoV-2, a maximum price, charged for service providing (analysis etc.), including charges for the required reagents and consumables, and sampling in private diagnostic laboratories, private clinics as well as in any other retail outlet, is set at ten euros (10 €).»
These tests, carried out in private diagnostic laboratories, private clinics, pharmacies and any other handling points available for that purpose, can be charged at lower prices and up to the price-caps referred to above. Therefore, professionals who have the possibility to carry out SARS-CoV-2 diagnostic tests or antigen detection tests are entirely free to offer the price of their own choice, capped at the amounts specified for each testing type in the Ministerial Decision.
Any intervention by professional bodies/ associations and/ or arrangements between professionals, in any way, by any means and to any extent, as well as in any part of the Greek Territory, which aims at adopting common pricing and / or imposing prices fixed at the above price-caps (or beyond) are considered as hardcore infringements of national and EU competition rules according to Article 1 of Law 3959/2011 and Article 101 of the Treaty on the Functioning of the European Union (TFEU).
Any breach of these rules is subject both to administrative fines and penalties as well as criminal liability for the professionals participating in the infringement and for third legal entities which may have contributed to the creation of a cartel/ price harmonisation for the above detection tests.
In the above context, the Panhellenic Pharmaceutical Association, in compliance with the HCC’s recommendation (letter under ref no. 8009/01.10.2021) calling for the alignment of the Association’s announcements to its members with competition law, a) posted on its website the revocation of its letter number 3364 / 26.7.2021 [Panhellenic Pharmaceutical Association | Possibility of pharmacists to perform rapid tests with a fee of 20 euros plus VAT - Document revocation (pfs.gr)] and b) posted on its website, and notified to all the national pharmaceutical associations the letter under ref. no. 8009/01.10.2021 of the HCC as well as the Association’s reply letter under ref. No 4493/11.10.2021, in order to make clear to all its members that the prices referred to in Ministerial Decision no. 98491/9.9.2021 for SARS-CoV-2 diagnostic tests or antigen detection (RAD) tests shall be understood as maximum and not as fixed prices.
Citizens and professionals are invited to report to the HCC any information that has come to their knowledge about interventions and arrangements which have as their object or effect the restriction of competition within the Greek territory, by means of price fixing for SARS-CoV-2 diagnostic tests or antigen detection (RAD) tests. The HCC notes that, within its remit as the authority responsible for ensuring the proper functioning of free and competitive markets, it will continue to intervene as an immediate priority, whenever necessary, either ex officio 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 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).
[1] On the “Replacement of Decision no. 130022/07-12-2020 of the Minister of Development and Investments (GG Β’ 5387) on setting maximum sales price for certain goods and services, due to the emergency situation caused by the COVID-19 pandemic".