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Wednesday, 09 June 2021

Decision 737/2021

Decision on the request put forth by DEPA COMMERCIAL S.A. for review of and exemption from the Commitments undertaken by the company under HCC Decision No 551/VII/2012, as amended by Decisions No. 589/2014, 596/2014, 618/2015, 631/2016, 651/2017 and 723/2020.

Decision 737/2021
File (PDF) Decision 737/2021
Date of Publication of Decision June 9th, 2021
Issue Number of Government Bulletin Publication pending
Relevant Market  Supply of natural gas
Subject of the Decision Decision on the request put forth by DEPA COMMERCIAL S.A. for review of and exemption from the Commitments undertaken by the company under HCC Decision No 551/VII/2012, as amended by Decisions No. 589/2014, 596/2014, 618/2015, 631/2016, 651/2017 and 723/2020
Legal Framework Article 25(6) L. 3959/2011
Operative part of the Decision

The Plenary of the Hellenic Competition Commission (HCC) unanimously decided as follows:

  1. There has been a substantial change in the circumstances on which HCC Decision No. 551/VII/2012, as amended and applicable, was based regarding the Commitments No. 1, 2, 4, 5, 6 and 7 undertaken by DEPA COMMERCIAL S.A. and

Accepts the request of DEPA COMMERCIAL S.A. for its exemption from each of the above Commitments.

Company(ies) concerned

DEPA COMMERCIAL S.A.

Summary of Decision

Considering the prevailing conditions in the domestic market for natural gas, it is estimated that the purpose of the Commitments under review −which were undoubtedly an important remedy for liberalisation of the natural gas market and the main trigger of developments in boosting competition in the natural gas market−, has now been fulfilled, namely the immediate entry and expansion of the activities of new players in the Greek natural gas market. 

In this context, according to the Regulatory Authority for Energy (RAE), any commitments or obligations that may be deemed necessary to be undertaken by the suppliers, following cooperation between the competent bodies, should be binding upon all the suppliers that meet specific conditions (e.g. market shares, capacity allocation, long-term pipeline gas contracts or the possibility of unloading many and large LNG cargoes) so that none of the users has a dominant position at an entry point and further development of competition in the market concerned is possible.

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