Summary of Decision

The ex-officio investigation of the General-Directorate for Competition in the association AES NAXOS SA was launched on the occasion of the 29.11.2017 Announcement, according to which the latter informed the potato producers of Naxos about the imposition of a half reduction of the price of milk that they will deliver to AES NAXOS S.A. to those who produce potato of the winter harvest before 24-12-2017, in violation of a decision of the Board of the association.

According to the statement of objections, any compliance of the members of AES NAXOS with the above decision is probable that, in view of the upcoming festive season, it was able to bring significant negative effects on competition in the potato market, as the availability of potatoes (as winder crops) would be limited to the detriment of both Naxos producers and consumers. In addition, it could have an impact on the milk supply market, through the halved purchase price of milk, which could cause significant losses to producers.

The Plenary Session of the Commission, unanimously, in a decision taken during the procedure of interim measures, accepted the commitments of AES NAXOS, according to which:

·         Recalls immediately and throughout its content, the decision no. 217/2017 of the Board of AES NAXOS dated 24.11.2017, which asked the potato producers not to sell (potatoes) of autumn crop to people who would sell it outside Naxos and that it would inform the producers that the later are free to sell the potatoes of autumn crop outside Naxos, without any restrictions and without any consequences or sanction and in particular as regards the threat of supply of the milk at half price delivered by the producers during the year 2018 to the AES NAXOS.

·         Undertook the obligation to notify the press release to the press and to all members / shareholders and producers of potatoes and dairy products of AES NAXOS with a letter of withdrawal and to publish it immediately on its website and in its newspaper, as well as in a daily local newspaper and to post it in conspicuous places, where the producers come for their transactions.

·         AES NAXOU also undertook to send to the Competition Commission within fifteen (15) days from the notification of its decision, evidence of its above actions, as well as to refrain from issuing similar decisions in the future (including related recommendations and which restrict or distort competition.