Decision 731/2021 | |
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File (PDF) | Decision 731/2021 |
Date of Issuance of Decision |
March 26th, 2021 |
Government Gazette Issue No | Pending |
Relevant Market |
Provision of security services |
Subject of the Decision |
Cartel |
Legal Framework |
Articles 1 of L. 703/1977, L. 3959/2011 and 101 TFEU |
Operative part of the Decision |
The Hellenic Competition Commission (HCC), in plenary, decided unanimously, as follows:
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Company(ies) concerned |
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Summary of Decision |
According to the reasoning of the HCC’s Decision, SEEYA, through the Sectoral Collective Agreements ("SCAs") of 2009 and 2010, aimed at fixing the price of the security services provided, by arranging the profit of the employers-members of the association and causing distortion of price competition in the market for tenders for security services. It becomes obvious that this anti-competitive action of SEEYA had as its object the distortion of competition in breach of articles 1 par. 1 L. 3959/2011, 1 par. 1 L. 703/1977 and 101 TFEU. There was also evidence of an exchange of information concerning, in particular, financial bids between the companies that participated in the settlement procedure and the sole proprietorship business KALOGERAKIS SECURITY, in the context of their participation in tenders launched in the years 2010 and 2011. The above bids, which were the object of the information exchange under consideration, compared with the data obtained respective tendering authorities with regard to the bidding process, entirely matched the final bids submitted by the companies under investigation. In particular, the tendering procedures were distorted by the undertakings in question, through the exchange of information and the consequent submission of cover bids by the sole proprietorship businessKALOGERAKIS SECURITY, with the pre-agreed aim that a specific company of those participating in the settlement procedure would be awarded with the tendered project under conditions of apparently healthy competition. In the context of this case, in addition to the bid-rigging practices adopted by the sole proprietorship business KALOGERAKIS SECURITY, the HCC also investigated, the conduct of the companies that entered the settlement procedure, ESA SECURITY SOLUTIONS S.A. and MONDIALPOL HELLAS SECURITY SERVICES S.A., in the context of two (2) more tenders concerning public procurement contracts during the period 2009 -2010, with regard to their compatibility with the provisions of articles 1 of L. 703/1977 and L. 3959/2011. The HCC ruled that there was insufficient evidence that their practices were in conflict with the provisions of articles 1 of Law 703/1977 and / or Law 3959/2011. In particular, it was noted that the Authority’s investigation did not bring forward any evidence of the alleged unlawful concerted practices aiming at the submission of matched bids in the tenders referred to in the complaint. |
Judicial Means |
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Decisions by the Court of Appeal of Athens (Administrative Division) |