Wednesday, 25 April 2018 12:01

Decision 658/2018

Decision on the proposed acquisitions which concern: a) the acquisition of sole control over the company HELLENIC SEAWAYS S.A. by ATTICA GROUP and b) the acquisition of sole control over the company HELLENIC SEAWAYS S.A. by ATTICA GROUP, through an agreement with MINOAN LINES S.A.

 

Decision 658/2018
File (PDF) Decision 658/2018
Date of Publication of Decision April 25th, 2018
Issue Number of Government Bulletin B’ 1729/06.05.2020
Relevant Market Passenger Shipping
Proceedings Merger 
Legal Framework  Phase II (Article 8 par. 6 and 8 of the Greek Competition Act 3959/2011)
Decision Clearance and Imposition of Remedial Measures
Acquiring Company ATTICA GROUP
Target Company HELLENIC SEAWAYS S.A.
Summary of Decision

The Chamber of the Hellenic Competition Commission cleared the concentration which concerns the acquisition of sole control over HELLENIC SEAWAYS S.A. by ATTICA GROUP, on the condition that the commitments taken on by ATTICA GROUP, which were imposed by the Commission pursuant to Article 8 par. 6 and 8 of the Greek Competition Act 3959/2011, are adhered to. In particular, ATTICA GROUP has taken on the following commitments:

  • In the event that other third parties/competitors become active in the following routes, ATTICA GROUP will cease its activity in these routes. The routes are i) those completed with fast ferries which include a) Attica-Syros/Syros-Attica, b) Attica-Ios-Thira/Thira-Ios-Attica and c) Attica-Paros-Naxos-Koufonisia-Amorgos/Amorgos-Koufonisia-Naxos-Paros-Attica and ii) those completed with conventional ferries i.e. Attica-Paros-Naxos-Ios-Thira/Thira-Ios-Naxos-Paros-Attica, with departure times in the evening/nighttime from Attica.
  • In the event that third parties/competitors become active with conventional ferries in the routes a) Attica-Syros/Syros-Attica, b) Attica-Patmos/Patmos-Attica and c) Attica-Chios and Mytilini/Chios and Mytilini-Attica, the acquiring company must reduce the routes completed with conventional ferries to the ports of these islands.
  • In the event that a third party/competitor becomes active with a conventional ferry in the route Attica-Paros-Naxos-Thira/Thira-Naxos-Paros-Attica, with stops in Ios, the acquiring company will move its departure time (07:25) of its morning trip in the above line by at least 35 minutes.
  • In the event that third parties/competitors become active in the routes a)Attica-Syros/Syros-Attica, b) Attica-Ios-Thira/Thira-Ios-Attica and c) Attica-Paros-Naxos-Koufonisia-Amorgos/Amorgos-Koufonisia-Naxos-Paros-Attica, the acquiring company will withdraw a) from Greek shipping the E/G-O/G fast ferry HIGHSPEED 4 and b) from the affected markets one E/G-O/G high speed ferry and one conventional ferry.
  • Will not increase, per relevant market (passengers, cars, lorries) the frequency of services from and to Attica for the islands of Syros, Paros, Naxos, Amorgos, Koufonisia, Ios and Thira, in comparison to the frequency of the services during 2017/2018.
  • Will not increase nor decrease per relevant market (passengers, cars, lorries) the frequency of services from and to Attica for the islands of Chios, Mytilini and Patmos, in comparison to the frequency of the services during 2017/2018.
  • Will not increase the fee for passengers, cars and lorries from the current fees per category and seat, with the exception of the current fee for the most expensive category of cabin in the routes from and to Attica for the islands of Syros, Paros, Naxos, Amorgos, Koufonisia, Ios, Thira and Patmos for three (3) years, and the services from and to Attica for the islands of Chios and Mytilini for five (5) years.
  • Will increase by at least one approach per week its weekly approaches to three (3) remote islands for which there are currently no services provided by other shipping companies and will create links in Greek shipping to destinations for which ATTICA, HSW or any other company are not currently active. The above commitments will be in force for a period of three (3) years for the region of Cyclades and Patmos and for five (5) years for the region of the North Aegean Sea from the publication of the decision of the Commission to ATTICA.

For the appropriate completion of the above commitments, the Commission will appoint a supervisor. In its decision, the Commission reserves the right to impose a fine of ten thousand (10,000) Euros per day of non-compliance with the above commitments taken on by ATTICA.

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