| Decision 612/2015 | |
|---|---|
| File (PDF) | Decision 612/2015 |
| Date of Publication of Decision | July 8th, 2015 |
| Issue Number of Government Bulletin | |
| Relevant Market | Manufactured tobacco products |
| Subject of the Decision | Concerted practices, Abuse of a dominant position |
| Legal Framework | Article 25 par. 6 L. 3959/2011 |
| Operative part of the Decision | Acceptance of commitments |
| Complainant(s) |
1. Association of Tobacco Outlet Operators of Athens and Suburbs 2. Association of Tobacco Outlet Operators of Thessaloniki |
| Respondent(s) |
1. BRITISH AMERICAN TOBACCO HELLAS S.A. |
| Summary of Decision |
The HCC’s investigation was initiated following complaints lodged by the Association of Tobacco Outlet Operators of Athens and Suburbs, Association of Tobacco Outlet Operators of Thessaloniki and individual tobacco distributors against the tobacco manufacturers PAPASTRATOS, BRITISH AMERICAN TOBACCO HELLAS, KARELIA TOBACCO COMPANY, ATHANASSIOU and IMPERIAL TOBACCO HELLAS. The subject matter of the complaint involves the restructuring of the above tobacco producers’ distribution network in Attica, Thessaloniki and Achaia the consequent discontinuation of their cooperation with the majority of the complaining associations’ members, which were until then distributors of their products at the wholesale level. By its unanimous Decision, the Plenary of the Competition Commission (HCC) accepted, pursuant to Article 25 par. 6 of L. 3959/2011, the commitments proposed by the above companies so as to meet the competition concerns expressed to them by the HCC concerning possible infringements in the sale markets for manufactured tobacco products. In particular, the tobacco manufacturers agreed to amend or delete, as appropriate, specific contractual terms in their new distribution agreements, so as to allay competition concerns that such contracts may be deemed to restrict excessively sales made by their distributors and/or to facilitate access of manufacturers to sensitive business information of their competitors, thereby possibly infringing Articles 1 of the Greek Competition Act and 101 TFEU. In case of non-compliance, the HCC may impose fines on the tobacco manufacturers concerned. By the same decision, the HCC rejected all remaining aspects of the complaints regarding alleged infringements by the tobacco producers of Articles 1 and 2 of L. 3959/2011 and 101 and 102 TFEU (notably, allegations regarding concerted practices and/or abuse of dominance) in the context of their distribution network restructuring, finding that they could not be substantiated. |
| Judicial Means | No appeal |
| Decisions by the Court of Appeal of Athens (Administrative Division) | DEA 3957/2017 |
