Greece/EU, 2003

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Score = 25

Governed by: Articles 81 and 82 of the Treaty on European Union [hereafter EU Treaty], and European Commission Regulations 1/2003 [hereafter "CR 1/2003"] and 139/2004 [hereafter “CR 139/2004], as well as national legislation.[1]

Greece passed new Competition legislation in 2008, but an English version is not currently available. This page is current up to 2003.

Category Subcategory Score Comment
Scope Extraterritoriality 1 EU law governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.
Remedies Fines 1 Article 29 of the Greek Competition Law allows the national Commission to impose large fines for competition violations.
Prison Sentences 0
Divestitures 1 Article 7 of CR 1/2003 allows for structural remedies.
Private Enforcement 3rd Party Initiation 1 Article 24(1) of the Greek Competition Law says that every individual or legal entity has the right to file a complaint to initiate an investigation.
Remedies Available to 3rd Parties 0
3rd Party Rights in Proceedings 1 According to Greek civil law, 3rd parties have the right to intervene in Commission proceedings either for or against the defendant.
Merger Notification Voluntary 0
Mandatory 3 Article 4b(2) of the Greek Competition Law requires pre-merger notification.
Pre-merger 2 Article 4b(2) of the Greek Competition Law requires pre-merger notification.
Post-merger 0
Merger Assessment Dominance 1 Article 4c(1) of the Greek Competition Law allows the Commission to ban any merger that is expected to create or strengthen a dominant position.
Restriction of Competition 1 Article 4c(1) of the Greek Competition Law permits the Commission to ban any merger that is expected to significantly impede competition.
Public Interest (Pro D) 1 Article 4c(3) of the Greek Competition Law allows an otherwise impermissible merger if it is to the consumers’ advantage.
Public Interest (Pro Authority) 0
Other 0
Efficiency 1 Article 4c(3) allows the Commission to permit an otherwise illegal merger if it will advantage the national economy.
Dominance Limits Access 1 Article 82(b) of the EU Treaty prohibits abuse of a dominant position.
Abusive Acts 1 Article 82 of the EU Treaty prohibits abuse of a dominant position.
Price Setting 1 Article 82(a) of the EU Treaty prohibits price setting.


Discriminatory Pricing 1 Articles 81(1)(d) and 82(c) of the EU Treaty, prohibit discrimatory conditions.
Resale Price Maintenance 1 Article 81 of the EU Treaty prohibits minimum resale price restrictions.[2]
Obstacles to Entry 1 Article 82 of the EU Treaty prohibits anti-competitive pricing schemes.[3]
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 Articles 81(1)(a) of the EU Treaty prohibits price fixing.
Tying 1 Articles 81(1)(e) and 82(d) of the EU Treaty prohibit tying.
Market Division 1 Article 81 of the EU Treaty prohibits customer allocation clauses.[4]
Output Restraint 1 Article 81(1)(b) of the EU Treaty prohibits limiting production.


Market Sharing 1 Article 81(1)(c) of the EU Treaty prohibits market sharing.
Eliminating Competitors 1 Article 81(1) of the EU Treaty prohibits agreements that have the purpose or effect of eliminating competition.
Collusive Tendering/Bid-Rigging 1 Article 81 of the EU Treaty prohibits bid-rigging.
Supply Refusal 1 Article 81(1)(b) of the EU Treaty prohibits supply refusal.
Efficiency Defense 1 Article 81(3) of the EU Treaty allows an efficiency defense.

References

  1. EU statutes and regulations available online from the European Competition Network, at http://ec.europa.eu/comm/competition/ecn/documents.html
  2. EC Competition Law, at 97.
  3. Id, at 283.
  4. Id, at 97.