Decision 671/2018 | |
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File (PDF) | Decision 671/2018 |
Date of Publication of Decision | November 15th, 2018 |
Issue Number of Government Bulletin | 3420/B/14.08.2020 |
Relevant Market | Road transport of fertilizers |
Proceedings | Collusion |
Legal Framework | Article 1 and Article 25 (a) of the Greek Competition Act 3959/2011) |
Decision | Decision finding an infringement – Settlement Procedure |
Complainant | Ex officio investigation |
Company under examination |
1)ENOSI KAVALAS IME L.L.C. 2) NEAPOLIS IME L.L.C. 2)NESTOS XRISOUPOLEOS IME-L.L.C. 3)The Association of professional truck owners of Kavala "Agios Christoforos" |
Summary of Decision |
The Hellenic Competition Commission, in plenary, adopted an unanimous decision following the simplified Settlement Procedure pursuant to Article 25 (a) of the Greek Law 3959/2011 and Decision no. 628/2016. The companies ENOSI KAVALAS IME-LLC, NEAPOLIS IME-LLC, NESTOS XRISOUPOLEOS IME-LLC and the Association of professional truck owners of Kavala "Agios Christoforos" infringed Article 1 par.1 of Greek Law 703/1977, as in force, and Article 1 par. 1 of the Greek Competition Act 3959/2011 by participating in a prohibited horizontal cartel within the meaning of those provisions, between December 1995 and October 2015 (single and continuous infringement). In particular, the abovementioned undertakings, in the context of a joint and uniform plan, concluded agreements to determine the amount of the costs for the provision of transport services. The Competition Commission requires that the abovementioned undertakings bring the infringement to an end and avoid repetition in the future. For the above violation, the Competition Commission imposes fines on the companies involved in the total amount of € 396,526, reduced by 15%, for their cooperation under the Settlement Procedure and the unconditional admission of their participation in the infringement. For one of them, the Association of professional truck owners of Kavala "AGIOS CHRISTOFOROS", the Commission finds that due to the application of article 25 par. 2 of the Greek Competition law 3959/2011, which concerns the maximum amount of fine imposed by law, the fine for its participation in the infringement, is zero. Finally, the Competition Commission, by a majority, orders the General Directorate of Competition, pursuant to article 14 par. 2 (XVI) of the Greek Competition Act 3959/2011, to investigate any participation and liability of the company Greek Fertilizers and Chemicals ELFE SA in the practices identified by the Decision. |
Judicial Means | Final. Decision has not been appealed. |
Decisions by the Court of Appeal of Athens(Administrative Division) |