| Decision 680/2019 | |
|---|---|
| File (PDF) | Decision 680/2019 |
| Date of Publication of Decision | February 27th, 2019 |
| Issue Number of Government Bulletin | B’ 4771/24.12.2019 |
| Relevant Market | Railway Transport, Railway Maintenance |
| Proceedings | Merger |
| Legal Framework | Phase I (Article 8 par. 3 of the Greek Competition Act 3959/2011) |
| Decision | Clearance |
| Acquiring Company | TRAINOSE S.A. |
| Target Company | GREEK COMPANY FOR RAILWAY MAINTENANCE S.A. |
| Summary of Decision | In plenary session on the 27th February 2019, the Hellenic Competition Commission unanimously cleared, pursuant to Article 8(6) of the Greek Competition Act 3959/2011, the acquisition of "GREEK COMPANY FOR RAILWAY MAINTENANCE S.A." by TRAINOSE S.A. The commission decided that, while the concentration falls within the scope of Article 6(1) of the Greek Competition Act 3959/2011, it does not, under Article 7(1) of the Greek Competition Act 3959/2011, significantly limit competition in the national market through the creation or enhancement of a dominant position. The companies already enjoy a hyper-dominant position in their respective markets. In particular, TRAINOSE, the acquiring company, has a hyper-dominant position in the railway transport market and GREEK COMPANY FOR RAILWAY MAINTENANCE S.A., the target company, has a hyper-dominant position in the railway maintenance market. However, the concentration would not bring vertical consequences to the relevant markets (such as barriers to entry for competitors). The current regulatory framework (Greek Law 4408/2016, Guidance 2012/34, Rules 2017/2177) and the regulator responsible for their enforcement, the Railway Regulatory Body, which has the power to publish statutory decisions and to impose administrative penalties, ensure that all railway companies have equal access to railway maintenance services run by the acquired GREEK COMPANY FOR RAILWAY MAINTENANCE S.A., and impose duties of transparency and non-discriminatory treatment towards all current or possible competitors of TRAINOSE. |
| Judicial Means | Decision has been appealed |
| Decisions by the Court of Appeal of Athens (Administrative Division) | DEA 2028/2021 |
