Wednesday, 30 November 2022 14:40

Decision 800/2022

Decision on the notification of a concentration under article 6 (1-3) of L. 3959/2011, as in force, lodged by the company under the name "DIAMANTIS MASOUTIS S.A. – SUPER MARKETS", concerning its acquisition of sole control over several retail and wholesale supermarket stores of "DENAXAS BROS LTD".

Decision 800/2022

File (PDF)  Decision 800/2022
Date of Issuance of Decision November 30th, 2022
Issue Number of Government Gazette 2511/ Β΄/18.04.2023
Relevant Market

The relevant markets for the merger in question are the retail market for daily consumer goods which are distributed through hypermarkets, supermarkets, mini markets and discount stores and the supply market for the immediate upstream market from that of distribution of supermarket items and includes the sale of supermarket items by producers/suppliers to buyers/retailers, such as wholesalers or retailers and other undertakings (such as undertakings in the HO.RE.CA. sector), nationwide.

Subject of the Decision

Decision on the notification of concentration under article 6 (1-3) of L. 3959/2011, as in force, lodged by the company under the name "DIAMANTIS MASOUTIS S.A. – SUPER MARKETS", concerning its acquisition of sole control over several retail and wholesale supermarket stores of "DENAXAS BROS LTD", following the Statement of Objections under ref. no. 10757/25.11.2022 by the Commissioner-Rapporteur I. Stefatos.

Legal Framework

Articles 6-8,  L. 3959/2011

Operative part of the Decision

By its unanimous Decision, the Hellenic Competition Commission (HCC) approves, according to Article 8(3) of Law 3959/2011, as in force, the prior notification of the concentration notified under ref. no. 9115/13.10.2022 pursuant to Article 6(1-3) of Law  3959/2011, as in force, lodged by the company under the name "DIAMANTIS MASOUTIS S.A. – SUPER MARKETS" concerning its acquisition of sole control over several retail and wholesale supermarket stores of "DENAXAS BROS LTD" as, although it falls within the scope of paragraph 1 of article 6 of Law 3959/2011, it does not raise serious concerns as to its compatibility with  competition rules in the individual markets concerned thereby.

Company/ies concerned
  1. "DIAMANTIS MASOUTIS S.A. – SUPER MARKETS"
  2. "DENAXAS BROS LTD"
Summary of Decision

For the purposes of the merger, in order to fully examine the competition conditions, a further segmentation of the relevant geographic market was carried out regarding the retail sale of supermarket items at local level per prefecture and, in particular within an up to 10-minute driving distance for urban areas and up to a 30-minute driving distance for semi-urban areas. Τhis is the case, in particular, of the prefecture of Attica, the area of Palaio Faliro, where a retail store is being acquired, as well as in specific areas on the island of Thira (Santorini), where three retail stores of "DENAXAS BROS LTD" are being acquired in areas where "DIAMANTIS MASOUTIS S.A. - SUPER MARKETS" operates. According to the Decision, in the above local markets both in Palaio Faliro and in areas of the island of Thira, effective competition exists both from large nationwide chains and from local businesses, as strong competitive pressures are exerted by the activity of other competitors in the individual markets and, thus, consumers as well as suppliers have greater choice.

Judicial Means -
Decisions by the Court of Appeal of Athens (Administrative Division) -

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