Hellenic Competition Commission

Tuesday, 28 April 2020 13:17

Decision 711/2020

Decision on the complaint of A.K. against the company MAVIZ S.A..

 

Decision 711/2020
Date of Publication of Decision Decision 711/2020
Date of Publication of Decision April 28th, 2020
Issue Number of Government Bulletin

3416/B/14.08.2020

Relevant Market The supply of fur animal feed in the Greek territory
Proceedings Dismissal of the complaint for possible violation of article 2 of Law 3959/2011
Legal Framework

Άρθρο 2 ν. 3959/2011

Decision

The complaint is rejected as there is no evidence of violation of article 2 of Law 3959/2011, as in force, by MAVIZ and therefore there is no need for further action by the Hellenic Competition Commission in the present case with respect to the aforementioned company under Article 102 TFEU. 

Complainant  -
Respondent MAVIZ S.A.
Summary of Decision

According to the decision, MAVIZ holds a dominant position in the upstream market for the supply of fur animal feed and also operates through its subsidiary in the downstream market (market for breeding and selling of fur animals). However, the cumulative condition of abuse of such position within the meaning of article 2 of Law 3959/2011 is not met.

This is because the conditions to characterize the refusal to supply as abusive are not met since such refusal does not lead to the elimination of effective competition in the downstream market.

In addition, it is considered that MAVIZ conduct was objectively justified, as the company was not obliged to continue delivering feed to a customer with large debt and providing no sufficient guarantees for the repayment of such debt.
Judicial Means  
Decisions by the Court of Appeal of Athens(Administrative Division)  
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