Greece (August 2, 2006)
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
- ↑ 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.