Hellenic Competition Commission

Tuesday, 28 July 2020 12:03

Press release: Decision 711/2020 on the complaint of A.K. against the company MAVIZ SA

Subject: Decision on the complaint of A.K. against the company MAVIZ SA, for possible violation of article 2 of Law 3959/2011 (“Protection of Free Competition”) and article 102 TFEU in the market for the supply of fur animal feed in the Greek territory (711/2020)

The Hellenic Competition Commission (HCC) unanimously decided to reject the complaint as there was no evidence of violation of article 2 of Law 3959/2011, as in force, by MAVIZ and therefore there was no need for further action by the HCC in the present case with respect to the aforementioned company under Article 102 TFEU.

According to the decision, MAVIZ holds a dominant position in the upstream market for the supply of fur animal feed and also operates through its subsidiary (BOSMAN MINK FARM SA) in the downstream market (market for breeding and selling of fur animals). The high market shares in the upstream market for the supply of fur animal feed even render MAVIZ super-dominant. However, the cumulative condition of abuse of such position within the meaning of article 2 of Law 3959/2011 is not met.

This is because the conditions to characterize the refusal to supply as abusive are not met since such refusal does not lead to the elimination of effective competition in the downstream market.

In addition, it is considered that MAVIZ conduct was objectively justified, as the company was not obliged to continue delivering feed to a customer with large debt and providing no sufficient guarantees for the repayment of such debt.

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