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Friday, 10 July 2020 13:17

Decision 715/2020

Decision on the ex-officio investigation in the relevant market of tenders for public works contracts of the prefecture of Fthiotida and in particular of the project "5th Lyceum of Lamia (Sections A1 and B), in order to determine whether there is an infringement of Article 1 of the Greek Competition Act and/or Article 101 TFEU, in respect of firms that did not take part in the Settlement Procedure.

Decision 715/2020
File (PDF) Decision 715/2020
Date of Publication of Decision July 10th, 2020
Issue Number of Government Bulletin

6022/ Β΄/31.12.2020

Relevant Market

Tenders for public works contracts

Subject of the Decision Decision on the ex-officio investigation in the relevant market of tenders for public works contracts of the prefecture of Fthiotida and in particular of the project "5th Lyceum of Lamia (Sections A1 and B), in order to determine whether there is an infringement of Article 1 of the Greek Competition Act and/or Article 101 TFEU, in respect of firms that did not take part in the Settlement Procedure.
Legal Framework  Article 1 L. 3959/2011 (and/or Article 1 L. 703/1977)
Operative part of the Decision

According to its Decision, adopted in an open vote, the Grand Chamber of the Hellenic Competition Commission (HCC):

A.  Ascertains, unanimously, the infringement of Article 1 of L. 703/1977, as described in the grounds of the Decision, for the period from 1.3.2011 to 14.3.2011, involving the following firms: a) ERGODYNAMIKI PATRON SA, b) LAKON SA, c) STATHIS KOKKINIS TECNOLOGY 2020 SA, d) VALTETSINIKO SA, e) ILISSOS SA, f) TEKAL SA and g) XOROTECHNIKI SA.

B. Imposes, unanimously, on the firms involved in the infringement of Art. 1 L. 703/1977, fines which are proportional in each case to the length of time that the undertaking had participated in the infringement, as follows: 

ERGODYNAMIKI PATRON SA, a fine of 63.234 €.

LAKON ATE, a fine of 12.584 €. 

STATHIS KOKKINNIS TECNOLOGY 2020, a fine of 9.517 €. 

VALTETSINIKO ATE, a fine of 7.077 €. 

ILISSOS ATE, a fine of 46.212 €.  

C.  Threatens, unanimously, the above companies with a fine and a penalty payment, if it establishes, by decision, the continuation or reoccurrence of the infringements found in the future.

D. Ascertains, by majority, the violation of par. 1 of article 1 of Law No. 703/1977 referred to in the grounds above and with respect to the period extending from 1.3.2011 to 14.3.2011, for the following firms a) TEKAL ATE and b) XOROTECHNIKI ATE

E. Imposes, by majority, a fine on the firms involved in the violation of par. 1 of article 1 of Law No. 703/1977 referred to in the grounds above, for the duration of participation of each company in the infringement, as follows: 

TEKAL ATE, a fine of twenty-two thousand five hundred and fifty-six euros (22.556 €).

XOROTECHNIKI ATE, a fine of fifty-seven thousand six hundred and fifty-seven euros (57.657 €).

F.  Threatens, by majority, the above companies with a fine and a penalty payment, if it establishes, by decision, the continuation or reoccurrence of the infringements found in the future.

G.  Ascertains, unanimously, that the company PYTHAGORAS ATE did not violate par. 1 of article 1 of Law No. 703/1977. 

Companies concerned

1) ERGODYNAMIKI PATRON ATE

2) LAKON ATE

3) STATHIS KOKKINNIS TECNOLOGY 2020

4) VALTETSINIKO ATE 

5) ILISSOS ATE 

6) TEKAL ATE

7) XOROTECHNIKI ATE

Summary of Decision

According to the grounds of the HCC’s Decision, the Commission concludes that, in the light of the case-file evidence, it is clearly indicated that the firms a) ERGODYNAMIKI PATRON SA, b) LAKON SA, c) STATHIS KOKKINIS TECNOLOGY 2020 SA, d) VALTETSINIKO SA, e) ILISSOS SA, f) TEKAL SA and g) XOROTECHNIKI SA, participated in a horizontal concerted practice of bid rigging in the tender for the project of "5th Lyceum of Lamia” (Sections Α1 and Β)».

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