Greece (August 2, 2006): Difference between revisions
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'''Score = | '''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”).<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" | ||
| Line 8: | Line 10: | ||
| Scope | | Scope | ||
| Extraterritoriality | | Extraterritoriality | ||
| | | 1 | ||
| | | Article 32 says that the Act applies to anything that has | ||
|- class="categorydivision" | |- class="categorydivision" | ||
| Line 15: | Line 17: | ||
| Fines | | Fines | ||
| 1 | | 1 | ||
| | | Article 29 allows the Commission to impose large fines for violations. | ||
|- | |- | ||
| | | | ||
| Prison Sentences | | Prison Sentences | ||
| 0 | | 0 | ||
| | | | ||
| Line 26: | Line 28: | ||
| | | | ||
| Divestitures | | Divestitures | ||
| | | 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 | ||
| | | 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 | | 0 | ||
| | | | ||
| Line 44: | Line 46: | ||
| | | | ||
| 3rd Party Rights in Proceedings | | 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. | ||
|- class="categorydivision" | |- class="categorydivision" | ||
| Merger Notification | | Merger Notification | ||
| Voluntary | | Voluntary | ||
| 0 | | 0 | ||
| | | | ||
| Line 56: | Line 58: | ||
| | | | ||
| Mandatory | | Mandatory | ||
| | | 3 | ||
| | | Article 4b(2) requires pre-merger notification. | ||
|- | |- | ||
| | | | ||
| Pre-merger | | Pre-merger | ||
| | | | ||
| | | | ||
| Line 68: | Line 70: | ||
| | | | ||
| Post-merger | | Post-merger | ||
| | | 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 | ||
| | | 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 | ||
| | | 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) | ||
| | | 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 | | 0 | ||
| | | | ||
| Line 98: | Line 100: | ||
| | | | ||
| Other | | Other | ||
| 0 | | 0 | ||
| | | | ||
| Line 104: | Line 106: | ||
| | | | ||
| Efficiency | | Efficiency | ||
| | | 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 | ||
| | | 1 | ||
| | | Article 2(1)(b) prohibits limiting production and markets. | ||
|- | |- | ||
| | | | ||
| Abusive Acts | | Abusive Acts | ||
| | | 1 | ||
| | | Article 2 prohibits abuse by a dominant undertaking. | ||
|- | |- | ||
| | | | ||
| Price Setting | | Price Setting | ||
| | | 1 | ||
| | | Article 2(1)(a) prohibits price setting. | ||
|- | |- | ||
| | | | ||
| Discriminatory Pricing | | Discriminatory Pricing | ||
| | | 1 | ||
| | | Article 2(1)(c) prohibits discriminatory pricing. | ||
|- | |- | ||
| | | | ||
| Resale Price Maintenance | | Resale Price Maintenance | ||
| | | 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 | | 0 | ||
| | | | ||
| Line 147: | Line 148: | ||
| | | | ||
| Efficiency Defense | | Efficiency Defense | ||
| 0 | | 0 | ||
| | | | ||
| Line 153: | Line 154: | ||
| Restrictive Trade Practices | | Restrictive Trade Practices | ||
| Price Fixing | | Price Fixing | ||
| | | 1 | ||
| | | Article 1(1)(a) prohibits price fixing. | ||
|- | |- | ||
| | | | ||
| Tying | | Tying | ||
| | | 1 | ||
| | | Article 1(1)(e) prohibits tying arrangements. | ||
|- | |- | ||
| | | | ||
| Market Division | | Market Division | ||
| 0 | | 0 | ||
| | | | ||
| Line 171: | Line 172: | ||
| | | | ||
| Output Restraint | | Output Restraint | ||
| | | 1 | ||
| | | Article 1(1)(b) prohibits limiting production and markets. | ||
|- | |- | ||
| | | | ||
| Market Sharing | | Market Sharing | ||
| | | 1 | ||
| | | Article 1(1)(c) prohibits market sharing. | ||
|- | |- | ||
| | | | ||
| Eliminating Competitors | | Eliminating Competitors | ||
| 0 | | 0 | ||
| | | | ||
| Line 190: | Line 190: | ||
| | | | ||
| Collusive Tendering/Bid-Rigging | | Collusive Tendering/Bid-Rigging | ||
| 0 | | 0 | ||
| | | | ||
| Line 196: | Line 196: | ||
| | | | ||
| Supply Refusal | | Supply Refusal | ||
| 0 | | 0 | ||
| | | | ||
| Line 202: | Line 202: | ||
| | | | ||
| Efficiency Defense | | 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. | ||
|} | |} | ||
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
- ↑ 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.
- ↑ See http://www.lambadarioslaw.gr/downloads/en/european_antitrust_review_2007.pdf, at 132-133.
- ↑ This was a key change from the 2000 amendment. See http://www.lambadarioslaw.gr/downloads/en/european_antitrust_review_2007.pdf, at 131-132.
- ↑ See Competition Commission Decisions 133/94 Bakers Corporation of Korinth; 134/94 Greek Federation of Bakers; 135/94 Bakers Union of Theva