Tuesday, 13 September 2022 14:07

Press Release - Case prioritization and assignment to a Commissioner-Rapporteur – public tender for the procurement of medical products

Subject: Case prioritization and assignment to a Commissioner-Rapporteur – public tender for the procurement of medical products

The Hellenic Competition Commission (HCC) has assigned to a Commissioner-Rapporteur the in-depth investigation into a possible violation of Article 1 of Greek Law 3959/2011 and Article 101 TFEU, pursuant to Article 15 of Law 3959/2011 in the context of a public tender for the procurement of medical products, and more specifically rapid tests for Covid-19. 

In the context of this investigation, officials of the Directorate-General for Competition (DGC) conducted on 10 March 2022 and 13 September 2022 dawn raids at the premises of undertakings that participated in the public tender.  

Legal framework

The HCC is responsible for enforcing Greek and EU antitrust rules in the Greek territory (Articles 1 and 2 of Greek Law 3959/2011 and Articles 101 and 102 TFEU). Article 1 of Law no. 3959/2011 and Article 101 of the TFEU prohibit anti-competitive agreements between undertakings (agreements, decisions of associations of undertakings or concerted practices) that have as their object or effect the restriction of competition.  Article 2 of Law no. 3959/2011 and Article 102 of the TFEU prohibit the abuse of a dominant position.

Next steps

The assignment of a case to a Rapporteur triggers the time-limits of Article 15 par. 4 and 5 of Law 3959/2011 and does not prejudge the content of the Statement of Objections or the HCC’s Decision.  The statutory time-limit (seven months in total) is only indicative, and the duration of the antitrust investigation depends, inter alia, on its complexity, the size of the administrative file as well as the number and degree of cooperation of the investigated undertakings.

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