Greece (August 2, 2006)

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 by Act of 2 August 2006 (no. 3373/2005) (hereinafter referred to as “Competition Act”).

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	0
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	2	Article 4b(2) requires pre-merger notification.
	Post-merger	0
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).
	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.