Beer products

Abuse of Dominant Position

Article 2 L. 3959/2015

Finding an infringement

Ex-officio investigation

Athenian Brewery S.A

The case of the “Athenian Brewery S.A.”took place following a complaint submitted by “Mythos Brewery S.A.”against the “Athenian Brewery S.A.”and an ex-officio investigation of the HCC on the beer market for infringement of article 2 of former L.703/1977 (article 2 of current L.3959/2011) and 102 TFEU. In this case, the HCCin Plenary decided that the company Athenian Brewery, mainly active in the production and marketing of beer products, abused its dominant position, thereby infringing Article 2 of former L. 703/1977 (article 2 of current L.3959/2011) and article 102 TFEU, and imposed, unanimously, a fine of €31.451.211 in total.

Evidence from the Commission’s thorough investigation showed that the Athenian Brewery SA had adopted and implemented for a lengthy period  a distinct and targeted policy to exclude and limit the growth potential of its competitors, mainly by imposing exclusivity at the wholesale and retail level sales, but also through other practices, which had the cumulative effect of restricting competition in relevant markets for the distribution and supply of beer products. More specifically, the Athenian Brewery’ commercial policy included, among other things, practices aimed to establish exclusivity at the instant consumption market / on premises consumption (big clients, catering chains and other small endpoints) by imposing exclusivity terms/ unavailability of competing products or the grantingto customers of significant financial or other incentives under the conditions of exclusivity or/and restriction of supplies by competing suppliers. The Athenian Brewery SA also imposed restrictive practices to wholesalers, such as providing them with significant financial incentives and preferential credit terms in exchange of restricting their supplies by competitors. In addition to imposing a fine, the HCC obliged the Athenian Brewery to omit similar actions in the future and to draw up written contracts in order to avoid a repetition of such anti-competitive behaviors.