Greece/EU, 2003

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.

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.
	Obstacles to Entry	1	Article 82 of the EU Treaty prohibits anti-competitive pricing schemes.
	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.
	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.