Monday, 05 December 2022 14:47

Decision 801/2022

Decision on the notified concentration pursuant to Articles 5-10 of Law 3959/2011, as in force, concerning the acquisition of sole control by the company under the name "MOTOR OIL (HELLAS) CORINTH REFINERIES S.A." over the company under the name "ELIN VERD S.A."

Decision 801/2022

File (PDF)  Decision 801/2022
Date of Issuance of Decision December 5th, 2022
Issue Number of Government Gazette 5424/ Β΄/14.09.2023
Relevant Market

The market for the collection, processing and marketing of used oils or fats for the production of pure biodiesel, the market for the production and distribution of pure biodiesel (B100) and the market for the production and distribution of blended diesel (B7)

Subject of the Decision

Decision on the notified concentration, pursuant to Articles 5-10 of Law 3959/2011, as in force, concerning the acquisition of sole control by the company under the name "MOTOR OIL (HELLAS) CORINTH REFINERIES S.A." over the company under the name "ELIN VERD S.A.", following the relevant Statement of Objections by the Commissioner-Rapporteur I. Stefatos.

Legal Framework

Articles 6-8,  Law 3959/2011

Operative part of the Decision

The Hellenic Competition Commission unanimously approves, according to Article 8 (3) of Law 3959/2011, the notified concentration concerning the acquisition of sole control by MOTOR OIL over ELIN VERD considering that, although falling within the scope of Article 6(1) of Law 3959/2011, it does not raise serious doubts as to its compatibility with competition rules in the relevant markets concerned.

Company/ies concerned
  1. MOTOR OIL (HELLAS) CORINTH REFINERIES S.A.
  2. ELIN VERD S.A.
Summary of Decision

According to the Decision, the concentration assessed in the present case does not lead to the foreclosure of competitors and does not change the nature of competition so as to allow undertakings active in the upstream and downstream markets to significantly restrict competition and raise prices. In the upstream market for the production and supply of pure biodiesel (B100), most undertakings will continue to operate even after the completion of the transaction, each using a different raw material from the acquired ELIN VERD; therefore, the concentration assessed does not facilitate coordination, nor does symmetry between those undertakings increase. Similarly, in the downstream market, namely the relevant market for the production and distribution of blended diesel (B7), several undertakings will be active with alternative sources of supply of pure biodiesel (B100), such as HELLENIC PETROLEUM which, due to its market share both in refining as well as in the production and distribution market for blended diesel (B7), has a bargaining power vis-à-vis its suppliers and, therefore, the market structure is not expected to change.

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

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