The Hellenic Competition Commission (HCC) conducted an unannounced inspection (dawn raid) at the premises of undertakings and associations of undertakings operating in the markets for the provision of intermediation services for passenger transport using Public Passenger Vehicles (PPV) and the provision of passenger transport services by PPVs (taxis) as part of an ex officio investigation as well as following a relevant complaint. The HCC’s investigation concerns alleged horizontal and/or vertical agreements/concerted practices and/or decisions by associations of undertakings with the object or effect of preventing, restricting or distorting competition, as well as possible abuse of a dominant position, in breach of Articles 1 and 2 of Law 3959/2011 on the "Protection of Free Competition" and Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU), respectively.

It is noted that unannounced inspections take place at undertakings where evidence may be collected concerning anticompetitive practices in the markets concerned and they do not mean that the inspected undertakings have engaged in anti-competitive behavior, nor do they prejudge the outcome of the investigation itself.

Legal framework

The HCC enforces Greek and EU antitrust rules according to national 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 an 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.

It is noted that the HCC intervenes within its competence as an immediate priority where necessary and examines any relevant case that comes to its notice, upon submission of a complaint, application for leniency or anonymous information through the secure digital environment (whistleblowing) and will impose severe administrative sanctions on companies that apply anti-competitive practices, pursuant to the provisions of law 3959/2011 and articles 101/102 TFEU.

The HCC’s leniency program

An undertaking's participation in a cartel, i.e. a secret agreement among competitors to restrict competition by inter alia fixing prices or production, allocating customers or market shares, or rigging bids, may lead to significant fines from the HCC, criminal sanctions, and its elimination from public tenders and concession contracts for three (3) years from the issuance of the HCC’s decision.

The HCC’s leniency program has significant advantages for undertakings, associations of undertakings and natural persons involved in cartels, as it offers:

• Immunity from fines or reductions in administrative fines,
• Immunity from, or reductions in, criminal fines, 
• Immunity from any kind of administrative sanctions.
• In addition, the undertakings are not barred from public tenders or concession contracts.

For more information on the HCC’s leniency program, please visit: https://www.epant.gr/en/legislation/leniency-programme.html or call +30 210 88 09 100.  

Further information on the HCC’s whistleblower tool is available on the HCC’s website, at: https://www.epant.gr/en/enimerosi/whistleblowing-system-for-citizens-business.html