Friday, 21 January 2022 00:00

Decision 764/2022

Decision on the joint examination of the complaints under ref. no. 6106/19.10.2015, 6107/19.10.2015 and 6108/19.10.2015 lodgedbythecompanies“EMMANOUILIDISD. BROS&COG.P.”, “KOUTSIKOPOULOSTRADING CO S.A.”and“PANEMPORIKIS.A.”against“SARANTIS S.A.”for alleged infringements of Articles 1 and 2 of Law 3959/2011 (as in force) and Articles 101 and 102 TFEU.

Decision 765/2022

File (PDF) Decision 765/2022
Date of Issuance of Decision January 20th, 2022
Issue Number of Government Bulletin                                     5262/ Β΄/11.10.2022
Relevant Market     

Household products in the Greek territory: drainpipe cleaners, shoe care products, cling film, non-stick paper, aluminiumfoil and anti-moth products.

Subject of the Decision

Household products in the Greek territory: drainpipe cleaners, shoe care products, cling film, non-stick paper, aluminiumfoil and anti-moth products.

Widely distributed cosmetics in the Greek territory and in particular: slimming products, women's perfumes, men's perfumes and sunscreens.

Legal Framework

Rejectionofcomplaintsfor alleged infringements of Αrticles 1 and 2 of Law 3959/2011
Αrticles 1 and 2 Law 3959/2011

Operative part of the Decision
  1. Rejects the jointlyexamined complaints for alleged infringements of Αrticles 1 and 2 of Law 3959/2011 (asinforce) as unfounded;
  2. Findsthat there are no grounds for further action by the Hellenic Competition Commission regarding the application of Articles 101 and 102 of the TFEU tothis case.
Company(ies) concerned

1. “EMMANOUILIDIS D. BROS & CO G.P.”
2. “KOUTSIKOPOULOS TRADING CO S.A.” and
3. “PANEMPORIKI S.A.”
4. “SARANTIS S.A.”

Summary of Decision

By its Decision No 765/2022, the Hellenic Competition Commission (“HCC”), in plenary, rejected the complaints against “SARANTIS S.A.”for alleged infringements of articles 1 and 2 of Law 3959/2011, as unfounded.

SARANTIS S.A. has an extensive product portfolio which includes mass market and selective distribution cosmetics, cleaning, maintenance and other household items, pharmaceutical products and nutritional and vitamin supplements. However, the relevant product markets for the purposes of the present case include the markets in which the products marketed by SARANTIS are distributed by wholesalers in the “small market”, as this was the subject-matter of the complaints.These products can be grouped into two general categories, that of household products and that of widely distributed cosmetics.(see section Relevant Market).

Of the above relevant markets, SARANTIS holds a dominant position in the following markets:

a) drainpipe cleaners for the period 2004 - 2014,

b) shoe care products for the period 2004 - 2014,

c) widely distributed women's perfumes at least for the period 2011-2014, and

d) widely distributed men's perfumes at least for the period 2011 - 2014.

In this case, the conditions for establishing abusive sales target discounts and the other alleged abusive practices are not met.

Furthermore, the conditions for establishing resale price maintenance, market allocation/restriction of passive sales and the other alleged practicesare not met.
Judicial Means -
Decisions by the Court of Appeal of Athens (Administrative Division) -
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