October 16^th, 2012

Steel products

Abuse of a Dominant Position

Article  2 of L. 3959/2011

No finding of infringement

IRON TENCO S.A

A. LIANOS IRONS – CEMENT – BUILDING MATERIALS S.A.

On 7.8.2006, the company under the name “IRON TENCO S.A.” (hereinafter referred to as IRONTENCO) lodged a complaint against “A. LIANOS IRONS – CEMENT – BUILDING MATERIALS S.A.”( hereinafter referred to as LIANOS), for an alleged infringement of articles 2 and 2α of L. 703/1977, as it was in force, while, on 2.3.2007, it also filed a request for interim measures, which was rejected as inadmissible.

Subsequently, the Hellenic Competition Commission adopted Decision no. 442/V/2009, by which the above complaint was rejected by a majority, as legally and factually unfounded. Following the issuance of the above Decision, the Deputy Minister of Development forwarded to the Hellenic Competition Commission information that the company IRON TENCO had submitted to the Ministry of Development and requested that the case be fully investigated, pursuant to article 9 par. 1 of Law 703/1977. IRON TENCO also submitted a request for revocation of the above Decision, which was rejected by the HCC Decision no. 479/VI/2010. Furthermore, IRON TENCO filed an appeal before the Athens Administrative Court of Appeal against Decision no. 442/V/2009, requesting its annulment.

By its ruling no. 2930/2010, the Administrative Court of Appeal annulled the said Decision on procedural grounds and referred the case back to the Hellenic Competition Commission for reconsideration. Following the evaluation and consideration of all the evidence in the case file, the Hellenic Competition Commission unanimously adopted Decision no. 550/VII/2012, considering that there is no reason for further action on its part and rejected the complaint under ref. no. 5008/7.8.2006.