Greece (August 2, 2006): Difference between revisions

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Governed by:
'''Score = 19'''


'''Score = __'''
''Governed by:'' Act on the Control of Monopolies and Oligopolies and the Protection of Free Competition of 26 September 1977 (no. 703/1977), as last amended in 2 August 2006 (Law no. 3373/2005) (hereinafter referred to as “Competition Act”).<ref>The actual text of the 2005 amendments was not available in english (Greek version available at http://www.esee.gr/).  The coding here is kept the same as under the 2000 amendments, except for changes explicitly mentioned in secondary sources.</ref>


{| class="wikitable"
{| class="wikitable"
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| Scope
| Scope
| Extraterritoriality
| Extraterritoriality
| 0 or 1
| 1
|  
| Article 32 says that the Act applies to anything that has


|- class="categorydivision"
|- class="categorydivision"
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| Fines
| Fines
| 1
| 1
|
| Article 29 allows the Commission to impose large fines for violations.


|-
|-
|  
|  
| Prison Sentences
| Prison Sentences
| 0 or 1
| 0
|  
|  


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|  
|  
| Divestitures
| Divestitures
| 0 or 1
| 1
|  
| The 2005 amendments permit the competition authority to impose "structural remedies."<ref> See http://www.lambadarioslaw.gr/downloads/en/european_antitrust_review_2007.pdf, at 132-133.</ref>


|- class="categorydivision"
|- class="categorydivision"
| Private Enforcement
| Private Enforcement
| 3rd Party Initiation
| 3rd Party Initiation
| 0 or 1
| 1
|  
| Article 24(1) says that every individual or legal entity has the right to file a complaint to initiate an investigation.


|-
|-
|  
|  
| Remedies Available to 3rd Parties
| Remedies Available to 3rd Parties
| 0 or 1
| 0
|  
|  
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|  
|  
| 3rd Party Rights in Proceedings
| 3rd Party Rights in Proceedings
| 0 or 1
| 1
|  
| According to Greek civil law 3rd parties have the right to intervene in Commission proceedings either for or against the defendant.


|- class="categorydivision"
|- class="categorydivision"
| Merger Notification
| Merger Notification
| Voluntary
| Voluntary
| 0 or 1
| 0
|  
|  
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|  
|  
| Mandatory
| Mandatory
| 0 or 3
| 3
|  
| Article 4b(2) requires pre-merger notification.
|-
|-
|  
|  
| Pre-merger
| Pre-merger
| 0 or 2
|  
|  
|  
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|  
|  
| Post-merger
| Post-merger
| 0 or 1
| 1
|  
| Article 4b(2) allows post-merger notification.<ref>This was a key change from the 2000 amendment.  See http://www.lambadarioslaw.gr/downloads/en/european_antitrust_review_2007.pdf, at 131-132.</ref>
|- class="categorydivision"
|- class="categorydivision"
| Merger Assessment
| Merger Assessment
| Dominance
| Dominance
| 0 or 1
| 1
|  
| Article 4c(1) says that the Commission can ban any merger that is expected to create or strengthen a dominant position.
|-
|-
|  
|  
| Restriction of Competition
| Restriction of Competition
| 0 or 1
| 1
|  
| Article 4c(1) says that the Commission can ban any merger that is expected to significantly impede competition.
|-
|-
|  
|  
| Public Interest (Pro D)
| Public Interest (Pro D)
| 0 or 1
| 1
|  
| Article 4c(3) allows an otherwise impermissible merger if it is to the consumers’ advantage.
|-
|-
|  
|  
| Public Interest (Pro Authority)
| Public Interest (Pro Authority)
| 0 or 1
| 0
|  
|  
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|  
|  
| Other
| Other
| 0 or 1
| 0
|  
|  
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|  
|  
| Efficiency
| Efficiency
| 0 or 1
| 1
|  
| Article 4c(3) allows the Commission to permit an otherwise illegal merger if it will advantage the national economy.
|- class="categorydivision"
|- class="categorydivision"
| Dominance
| Dominance
| Limits Access
| Limits Access
| 0 or 1
| 1
|  
| Article 2(1)(b) prohibits limiting production and markets.
|-
|-
|  
|  
| Abusive Acts
| Abusive Acts
| 0 or 1
| 1
|  
| Article 2 prohibits abuse by a dominant undertaking.


|-
|-
|  
|  
| Price Setting
| Price Setting
| 0 or 1
| 1
|  
| Article 2(1)(a) prohibits price setting.


|-
|-
|  
|  
| Discriminatory Pricing
| Discriminatory Pricing
| 0 or 1
| 1
|  
| Article 2(1)(c) prohibits discriminatory pricing.
|-
|-
|  
|  
| Resale Price Maintenance
| Resale Price Maintenance
| 0 or 1
| 1
|  
| RPM has been interpreted as illegal under Article 1(1)(a).<ref>See Competition Commission Decisions 133/94 Bakers Corporation of Korinth; 134/94 Greek Federation of Bakers; 135/94 Bakers Union of Theva</ref>
|-
|-
|  
|  
| Obstacles to Entry
| Obstacles to Entry
| 0 or 1
| 0
|  
|  
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|  
|  
| Efficiency Defense
| Efficiency Defense
| 0 or 1
| 0
|  
|  
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| Restrictive Trade Practices
| Restrictive Trade Practices
| Price Fixing
| Price Fixing
| 0 or 1
| 1
|
| Article 1(1)(a) prohibits price fixing.
|-
|-
|  
|  
| Tying
| Tying
| 0 or 1
| 1
|  
| Article 1(1)(e) prohibits tying arrangements.
|-
|-
|  
|  
| Market Division
| Market Division
| 0 or 1
| 0
|  
|  
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|  
|  
| Output Restraint
| Output Restraint
| 0 or 1
| 1
|
| Article 1(1)(b) prohibits limiting production and markets.
|-
|-
|  
|  
| Market Sharing
| Market Sharing
| 0 or 1
| 1
|  
| Article 1(1)(c) prohibits market sharing.
|-
|-
|  
|  
| Eliminating Competitors
| Eliminating Competitors
| 0 or 1
| 0
|  
|  
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|  
|  
| Collusive Tendering/Bid-Rigging
| Collusive Tendering/Bid-Rigging
| 0 or 1
| 0
|  
|  
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|  
|  
| Supply Refusal
| Supply Refusal
| 0 or 1
| 0
|  
|  
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|  
|  
| Efficiency Defense
| Efficiency Defense
| 0 or 1
| 1
|  
| Article 1(3)(a) exempts from the Article 1 prohibitions agreements that contribute to improving production or distribution or promote economic progress.
|}
|}

Latest revision as of 20:59, 26 March 2009

Score = 19

Governed by: Act on the Control of Monopolies and Oligopolies and the Protection of Free Competition of 26 September 1977 (no. 703/1977), as last amended in 2 August 2006 (Law no. 3373/2005) (hereinafter referred to as “Competition Act”).[1]

Category Subcategory Score Comment
Scope Extraterritoriality 1 Article 32 says that the Act applies to anything that has
Remedies Fines 1 Article 29 allows the Commission to impose large fines for violations.
Prison Sentences 0
Divestitures 1 The 2005 amendments permit the competition authority to impose "structural remedies."[2]
Private Enforcement 3rd Party Initiation 1 Article 24(1) 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) requires pre-merger notification.
Pre-merger
Post-merger 1 Article 4b(2) allows post-merger notification.[3]
Merger Assessment Dominance 1 Article 4c(1) says that the Commission can ban any merger that is expected to create or strengthen a dominant position.
Restriction of Competition 1 Article 4c(1) says that the Commission can ban any merger that is expected to significantly impede competition.
Public Interest (Pro D) 1 Article 4c(3) 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 2(1)(b) prohibits limiting production and markets.
Abusive Acts 1 Article 2 prohibits abuse by a dominant undertaking.
Price Setting 1 Article 2(1)(a) prohibits price setting.
Discriminatory Pricing 1 Article 2(1)(c) prohibits discriminatory pricing.
Resale Price Maintenance 1 RPM has been interpreted as illegal under Article 1(1)(a).[4]
Obstacles to Entry 0
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 Article 1(1)(a) prohibits price fixing.
Tying 1 Article 1(1)(e) prohibits tying arrangements.
Market Division 0
Output Restraint 1 Article 1(1)(b) prohibits limiting production and markets.
Market Sharing 1 Article 1(1)(c) prohibits market sharing.
Eliminating Competitors 0
Collusive Tendering/Bid-Rigging 0
Supply Refusal 0
Efficiency Defense 1 Article 1(3)(a) exempts from the Article 1 prohibitions agreements that contribute to improving production or distribution or promote economic progress.

References

  1. ↑ The actual text of the 2005 amendments was not available in english (Greek version available at http://www.esee.gr/). The coding here is kept the same as under the 2000 amendments, except for changes explicitly mentioned in secondary sources.
  2. ↑ See http://www.lambadarioslaw.gr/downloads/en/european_antitrust_review_2007.pdf, at 132-133.
  3. ↑ This was a key change from the 2000 amendment. See http://www.lambadarioslaw.gr/downloads/en/european_antitrust_review_2007.pdf, at 131-132.
  4. ↑ See Competition Commission Decisions 133/94 Bakers Corporation of Korinth; 134/94 Greek Federation of Bakers; 135/94 Bakers Union of Theva
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