Greece (August 2, 2006): Difference between revisions

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'''Score = 18'''


''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"
|-
! Category !! Subcategory !! Score !! Comment
|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| Article 32 says that the Act applies to anything that has
|- class="categorydivision"
| Remedies
| Fines
| 1
| Article 29 allows the Commission to impose large fines for violations.
|-
|
| Prison Sentences
| 0
|
|-
|
| Divestitures
| 0
|
|- class="categorydivision"
| 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.
|- class="categorydivision"
| 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.<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.
|- class="categorydivision"
| 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.
|- class="categorydivision"
| 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).<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
| 0
|
|-
|
| Efficiency Defense
| 0
|
|- class="categorydivision"
| 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 ==
<references />

Revision as of 20:55, 26 March 2009

Score = 18

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 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
Post-merger 1 Article 4b(2) allows post-merger notification.Cite error: Closing </ref> missing for <ref> tag
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.
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