The Plenary Session of the Hellenic Competition Commission (HCC) will convene on 14th July 2021 to examine, upon the relevant Statement of Objections, alleged infringements of Article 1 of Law 3959/2011 (“Greek Competition Act”) by the following associations of undertakings active in the market of the installation and maintenance of elevators, SESA and SYSEVE, following an ex officio investigation by the HCC’s Directorate General for Competition.
The investigation focused, in particular, on the following practices:
- interventions on the pricing policy of SESA members,
- interventions on the advertising activity of SESA members,
- potential minimum remuneration rates for the members of SYSEVE as per the relevant statutory provision.
According to the Statement of Objections, SESA and SYSEVE have infringed Article 1 of the Greek Competition Act.
In particular, according to the Statement of Objections, in light of the evidence collected in the course of dawn raids as well as from other measures of inquiry, it is established that the above-mentioned associations have violated article 1 of Law 3959/2011; SESA for the period from 12-01-2011 to 2014 and SYSEVE for the period from 31-03-2006 to 15-12-2020. It is noted that SYSEVE has not implemented the relevant statutory provisions.
In view of the above findings, it is suggested that the HCC imposes a fine upon SESA; that both associations omit similar practices in the future; and that they are threatened with a fine, in case the HCC decides in the future that the above-mentioned infringements continue or are repeated.
In addition, in order to inform all the members of the two Associations, as well as consumers, it is proposed to adopt a package of information measures such as (a) the publication in two (2) newspapers with national or local circulation (as the case may be), (b) publication on the website and at their respective offices, (c) the announcement to the General Assembly and (d) the sending of electronic and registered letters to all their members, stating that each provider of installation and maintenance services for elevators can determine their prices and engage in advertising activities, including the distribution of promotional leaflets.
It is noted that the Statement of Objections is not binding on the HCC, which will decide on the case after it has taken into consideration all evidence, as well as the arguments put forward by all implicated parties.
