Wednesday, 15 February 2023

Press Release - Dawn raids in the pharmaceuticals sector

SUBJECT: Dawn raids in the pharmaceuticals sector

Today, officials of the Hellenic Competition Commission (HCC) carried out unannounced inspections at the premises of a company active in the pharmaceuticals sector.  The dawn raid was carried out in the context of the HCC’s investigation following a complaint over an alleged infringement of Article 2 of Law no. 3959/2011 and/or Article 102 of the Treaty for the Functioning of the European Union. 

Unannounced inspections are a preliminary step in an investigation into suspected anticompetitive practices. The fact that the HCC has carried out inspections does not mean that the inspected undertakings have engaged in anti-competitive behavior, nor does it prejudge the outcome of the investigation itself.

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 anticompetitive agreements and decisions of associations of undertakings that prevent, restrict or distort competition. 
  • Article 1A of Law no. 3959/2011 prohibits unilateral practices that constitute invitation to collude or future price announcements to competitors.
  • Article 2 of Law no. 3959/2011 and Article 102 of the TFEU prohibit the abuse of a dominant position.

The HCC investigates any suspected infringement of Greek and EU antitrust laws which is brought to its attention through complaints, applications for leniency, or other sources of information, including its recently launched whistleblowing tool. The HCC will impose severe administrative sanctions on undertakings which are found to have adopted such anti-competitive practices.

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