Τhe 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.

Decision on the notified concentration pursuant to Article 6 of Law 3959/2011, as in force, concerning the acquisition by the company under the name “ANEDIK KRITIKOS FOOD AND HOUSEHOLD GOODS IMPORT – EXPORT – TRADING – REPRESENTATIVE S.A.”, with the distinctive title “ANEDIK KRITIKOS S.A.”, of sole control over the company “SYNERGAZOMENI PANTOPOLES S.A.”, following the Statement of Objections under ref. no 11574/21.12.2022 by the Commissioner-Rapporteur I. Stefatos.

Articles 6-8,  L. 3959/2011

Operative part of the Decision

The Hellenic Competition Commission unanimously approved the notified concentration, under Article 8(3) and par. 4A of the Greek Competition Act (Law 3959/2011), subject to terms and conditions (remedies) and initiates an ex officio investigation to determine whether the conditions for the application of Article 6(4) in conjunction with Articles 6(1-2) of L. 3959/2011 on failure of timely notification are met on the part of ANEDIK KRITIKOS S.A. in respect of the concentration assessed.

1. ANEDIK KRITIKOS FOOD AND HOUSEHOLD GOODS IMPORT – EXPORT – TRADING – REPRESENTATIVE S.A.

2. SYNERGAZOMENI PANTOPOLES S.A.

For the purposes of the merger assessed and 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 a 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, for the regions of Aitoloakarnania, Grevena, Euboea, Imathia, Heraklion, Thessaloniki, Kavala (Thassos Island), Karditsa, Kastoria, Kilkis, Kozani, Larissa, Lasithi, Lefkada, Pella, Pieria, Rethymnon, Florina, Halkidiki and Chania. According to the Decision, there are no special circumstances giving rise to concerns as to the compatibility of the proposed concentration with competition requirements in the above relevant markets nationwide at the level of privately owned stores, whilst, with regard to the retail sale of supermarket goods in the same local markets there are significant competitive pressures from competing nationwide supermarket chains. In particular, there is a simultaneous presence of at least one store of a nationwide supermarket chain with at least a market share comparable to that of the merged entity. In two cases of collaborating stores in the areas of Grevena and Rethymno, where the severity of any possible effects on competition is mitigated by the fact that these stores are potential targets of the concentration under assessment, which means that they will not be transferred to ANEDIK KRITIKOS but they will continue to have an increased cooperative relationship, through common branding, joint issuance of offers brochures and joint promotions, use of common loyalty cards and placement of private label codes, the merging companies jointly proposed and undertook the following remedies:

The above companies shall cease brand licensing of the Transferable Brands, by any means and under any type, to the Stores and shall refrain from any  in such licensing in the future. They will also refrain from granting brand usage, by any means and under any type, to Stores under different brand names which are owned or managed by ANEDIK KRITIKOS.