Friday, 10 May 2024

Press Release – Decision on the Overdue Submission of a Merger Notification

Subject: Decision no 823/2023 on the overdue submission of a merger notification concerning a change in the control over the company SYNERGAZOMENI PANTOPOLES S.A., namely from sole control by the company ELLINIKA MARKET S.A. to sole control by the company ANEDIK KRITIKOS S.A.

The Hellenic Competition Commission (HCC), in Chamber, decided, following the relevant Opinion of the case-Rapporteur, on the overdue submission of a merger notification concerning a change in the control over the company SYNERGAZOMENI PANTOPOLES S.A, namely from sole control by the company ELLINIKA MARKET S.A. to sole control by the company ANEDIK KRITIKOS S.A.

As stipulated by Art. 6 (1) of Law 3959/2011, all concentrations of undertakings shall be notified to the Hellenic Competition Commission within thirty (30) days from the conclusion of the agreement on the acquisition of a controlling interest. The agreement in this case concerns the acquisition of sole control by the company under the name ANEDIK KRITIKOS over the company under the name SYNERGAZOMENI PANTOPOLES. According to the grounds of the Decision, based on the evidence available, the notification of the above transaction exceeded the statutory notification deadline by thirty three (33) days.

By its Decision no 823/2023, the HCC finds the overdue notification of the transaction in breach of Art. 6 (1) of Law 3959/2011 and imposes on the acquirer ANEDIK KRITIKOS, as liable for the overdue notification, a fine of EUR 30,000 as provided for in Art. 6 (4) of Law 3959/2011, as in force. It is noted that the above transaction was approved by HCC Decision no 803/2022.

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