Wednesday, 25 September 2019

Press Release - Decision in the field of Provision of Services of Electrical Installations

Subject: Decision of the Hellenic Competition Commission on the ex-officio investigation for the finding of an infringement of articles 1 of Law 3959/2011 (former article 1 of Law 703/1977), as in force, and 101 TFEU in the sector of Provision of Services of Electrical Installations / Works regarding the ASSOCIATION OF ELECTRICAL CONTRACTORS OF ATTICA (SEIEA) that was not subject to the Dispute Settlement Process.

The Plenary Session of the Hellenic Competition Commission (HCC), with its unanimous decision 675/2018, ruled that SEIEA enacted provisions of its Articles of Association which provided for the application of a single tariff for electrical work, in violation of article 1 par. 1 L. 703/1977 - L. 3959/2011. It further held that it did not appear that SEIEA had set a single price for the legally binding electrical installation statement, nor had it drawn up a price list for other electrical work, but that SEIEA was opposed to the uniform pricing practices proposed or followed by other Electrical Associations.

The said Association was not subject to the Dispute Settlement Procedure, which was initiated on the same ex-officio investigation of the Commission, on which the 670/2018 decision of the Commission has already been issued and published.

Taking into account all the circumstances of the specific case, including the fact that the statutory provision in question was adopted some years before the entry into force of the legislation for the protection of free competition in Greece and that the SEIEA explicitly separated its position from the anti-competitive activity of other electrical associations and on its own initiative it amended the articles of the association’s statutory provisions, by deleting the anti-competitive clauses, the Commission has decided that there has been an infringement of competition law and on these grounds it made a recommendation to the SEIEA, inter alia, to inform its members of the deletion of the infringing provisions and of its obligation not to engage in direct or indirect price setting to its members and threatenedthe SEIEA with the imposition ofa fine if the HCC confirms the recurrence of the infringement with a new decision.

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