Decision 772/2022 | |
---|---|
File (PDF) | Decision 772/2022 |
Date of Issuance of Decision | March 18th, 2022 |
Issue Number of Government Bulletin | |
Relevant Market |
Market for the procurement of impregnated poles, which includes the market for impregnation of non-impregnated poles (impregnation service) and the marketing of impregnated poles for electricity or telecommunication facilities |
Subject of the Decision | Decision issuance, following the relevant Statement of Objections no 2202/08.03.2022 by the case Rapporteur, Panagiotis Fotis, according to Article 29A of L. 3959/2011 and HCC Decision no 704/2020, on the ex officio investigation carried out into tenders, in particular of PPC-HEDNO, OTE et al., for the procurement of impregnated wooden poles, cross-arms etc., in order to determine whether the conditions for the application of the provisions of Article 1 of L. 3959/2011 on the “Protection of Free Competition”, as in force, and/or Article 101 of the Treaty on the Functioning of the European Union (TFEU) are met. |
Legal Framework |
Article 29A L. 3959/2011 and HCC Decision no 704/2020. Article 29A was added with article 29 L.4886 / 2022, Government Gazette A` 12 / 24.01.2022. |
Operative part of the Decision |
The Hellenic Competition Commission (HCC), in plenary, unanimously adopted the following decision, which provides as follows:
|
Company(ies) concerned |
|
Summary of Decision |
According to the grounds of the HCC’s Decision, the parties involved participated in a horizontal anti-competitive cartel in the form of an agreement / concerted practice between undertakings within the meaning of art. 1(1) of Law 3959/2011 and 10(1) TFEU. In particular, all the companies involved participated in a bid-rigging scheme concerning the tenders at issue, defining the framework of their joint action, according to which they preventively reduced the uncertainty implied by independent competitive behavior. The purpose of the above scheme was the artificial shaping of the bids at levels different from those in which they would have been shaped under conditions of effective competition. In particular, they have entered into (a) an agreement / concerted practice aiming at fixing prices and quantities and (b) an exchange of competitors' sensitive commercial information, in particular on prices and quantities. The above practices present the characteristics of a single and continuous infringement, as they are part of a broader bid-rigging scheme in tenders for public works aiming, in particular, at fixing the prices and quantities of the intended bids, while it is noted that the individual agreements / concerted practices concluded / adopted during the years 2016-2018, had temporal continuity and common characteristics, i.e. characterised by same objectives, methods and stakeholders (same object and subjects). In this context, the members of the cartel have adopted a complex of anti-competitive practices as described above. This conduct, seen as a whole, constitutes an agreement/concerted practice between undertakings within the meaning of art. 1(1) of Law 3959/2011 and 10(1) TFEU. |
Judicial Means | - |
Decisions by the Court of Appeal of Athens (Administrative Division) | - |