Decision 741/2021 | |
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File (PDF) | Decision 741/2021 |
Date of Issuance of Decision |
July 30th, 2021 |
Government Gazette Issue No | 6199/ Β΄/23.12.2021 |
Relevant Market |
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Subject of the Decision |
Decision regarding the complaints submitted by:
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Legal Framework |
Article 1 & 2 of L. 703/1977 (current 3959/2011) - Article 2a L.703/1977-Article 101 & 102 TFEU |
Operative part of the Decision |
The Plenary Session of the HCC, unanimously and in open vote, decided that:
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Complainant(s) |
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Company(ies) under inspection |
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Summary of Decision |
ELTEPE S.A., during the period from 1.1.2004 up until 15.1.2013, in the agreements concluded between ELTEPE S.A. and companies active in the collection as well as the remediation/ recycling of waste lubricant oils, contained exclusivity clauses, resulting to an abuse of ELTEPE S.A.’s dominant position in the relevant market. According to the HCC, ELTEPE’s anti-competitive practices resulted in horizontal foreclosure of its competitors in the market for the organisation and operation of waste lubricants oils management systems, in which the plaintiff (ELTEPE SA) holds a dominant position. In particular, these exclusivity clauses aimed at directing every source of supply to ELTEPE, and as a result foreclosed potential competition from other possible Alternative Administration of Waste Lubricants Oils Collection Systems, which would not have access to sources of supply for their activity. In addition, the HCC found that, during the period from 2.8.2004 up until 1.8.2008, ELTEPE SA infringed (the now abolished) Article 2a of Law 703/1977, which prohibited abuse of economic dependence. Finally, the HCC found that other practices alleged by the complainants (such as refusal to supply GREEN OIL AEVE and imposition of unfair prices to companies active in the collection of waste oils) have not been established and the relevant arguments were therefore dismissed as unfounded. |
Judicial Means |
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Decisions by the Court of Appeal of Athens (Administrative Division) |