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Monday, 21 December 2020

Decision 723/2020

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

Decision 723/2020
File (PDF) Decision 723/2020
Date of Publication of Decision December 21st 2020
Issue Number of Government Bulletin
Relevant Market 

Supply of natural gas

Subject of Decision Decision on the request put forth by DEPA COMMERCIAL S.A. for review of the third Commitment undertaken by the company, under HCC Decision No 551/VII/2012, as amended and applicable by Decisions No. 589/2014, 596/2014, 618/2015, 631/2016 and 651/2017.
Legal Framework Article 25(6) L. 3959/2011
Operative part of the Decision

According to its unanimous Decision, adopted in an open vote, the Plenary of the Hellenic Competition Commission:

  1. Establishes that there has been a substantial change in the facts on which HCC Decision No. 551/VII/2012, as amended and applicable, was based regarding the third Commitment undertaken by DEPA and
  2. Accepts the request of DEPA for its exemption from the obligation to implement the program of distribution of natural gas quantities through electronic auctions, as set out in Decision No. 631/2016. 
Undertaking(s) concerned  DEPA COMMERCIAL S.A.
Summary of Decision

Taking into account the prevailing conditions in the domestic market for natural gas, and, in particular, the increase in the number of companies that import natural gas into the domestic market, the significant decline of DEPA’s market share - at a rate of less than 60%, in accordance with the provisions of the HCC Decision no. 631/2016, the steady and upward increase in the market share of another supplier, the increase in the market shares of other suppliers, as well as the entry of new suppliers, the conclusion of long-term natural gas supply contracts with upstream pipeline gas suppliers also by other suppliers (importers), other than DEPA, the wider developments and regulations that enhance access to the NNGS infrastructure, the purchases and sales between the companies active in the wholesale gas supply market, which demonstrate the development of a number of alternative sources of supply, other than DEPA, as well as the drop in the participation in electronic gas supply auctions of DEPA, the Hellenic Competition Commission considers that the third Commitment of the HCC Decision no. 551/VII/2012, as amended and in force according to HCC Decisions 589/2014, 596/2014, 618/2015, 631/2016 and 651/2017, has now served its original purpose, namely of providing liquidity to the natural gas market and, in particular, the development of sufficient competitive forces.

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