The Hellenic Competition Commission (HCC) prioritised and assigned to a Commissioner-Rapporteur, pursuant to Article 15 of Law 3959/2011 (Greek Competition Act), the case concerning the investigation into specific practices of an undertaking for possible abuse of a dominant position in the market for the production and supply radiopharmaceuticals used in tumor-diagnostic imaging tests. In particular, the HCC investigates whether the practices adopted by the company concerned vis-à-vis its customers and the competent public authorities deviated from competition on the merits and could hinder the development of its only competitor, especially in the context of a growing domestic demand for radiopharmaceuticals.

These practices are investigated as part of the examination of a complaint for alleged infringements of Article 2 of Law 3959/2011 on "Protection of free competition" (Greek Competition Act), as in force, and Article 102 of the Treaty on the Functioning of the European Union (TFEU).

For the purposes of the investigation, the Directorate-General for Competition (DGC) has conducted an on-site inspection (dawn raid) at the premises of the above undertaking and sent questionnaires to other undertakings operating in the market concerned.

Legal framework

The HCC is responsible for enforcing Greek and EU antitrust rules in the Greek territory (Articles 1, 1A and 2 of the Competition Act and Articles 101 and 102 TFEU).

• Articles 1 of the Competition Act and 101 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 1A of Law no. 3959/2011 prohibits unilateral practices that constitute an invitation to collude or future price announcements to competitors.
• Articles 2 of the Competition Act and 102 TFEU prohibit the abuse of a dominant position.

Next steps

The assignment of a case to a Rapporteur indicates that the HCC’s investigation is at an advanced stage, and it triggers the time limits of Article 15 par. 4 and 5 of Law 3959/2011 for the adoption of a decision.  However, it does not prejudge the content of the Statement of Objections or the HCC’s Decision.  The statutory time limit is indicative, as the duration of the antitrust investigation depends, inter alia, on its complexity, the size of the case file as well as the number and degree of cooperation of the undertakings involved.