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 a new Competition Act 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.