Ex officio investigation

Following an ex officio investigation carried out by the Directorate General for Competition, the Plenary of the HCC unanimously decided that the companies of the Group COLGATE-PALMOLIVE (HELLAS) S.A. and COLGATE-PALMOLIVE EMPORIKI (HELLAS) SOLE PARTNER LTD και η μητρική εταιρία COLGATE-PALMOLIVE COMPANY (decision adopted by majority) had signed agreements which included terms which limited parallel imports into the Greek territory, both for detergent products and widely distributed cosmetics in breach of articles 1 of L. 703/1977 (now article 1 of L. 3959/2011) and 81 EC Treaty (now 101 TFEU). The above infringement was also (unanimously) attributed to the Greek undertakings operating in the wholesale and retail of supermarket goods (ALPHA-VETA VASILOPOULOS S.A, SKLAVENITIS S.A., MAKRO CASH & CARRY S.A., PENTE S.A. and KYPSELI S.A.).

Furthermore, the same (unanimous) Decision finds that the above companies of the Group COLGATE – PALMOLIVE [COLGATE-PALMOLIVE (HELLAS) S.A. and COLGATE-PALMOLIVE EMPORIKI (HELLAS) SOLE PARTNER LTD] and their parent company COLGATE-PALMOLIVE Co (by majority) abused their dominant position in the Greek market with regard to glass cleaners, by introducing and maintaining the contractual limitation of parallel imports in contracts with their customers in that relevant market for glass cleaners, in breach of articles 2 of L. 703/1977 (now article 2 of L. 3959/2011) and 2 EC Treaty (now 102 TFEU).

On the basis of the above assumptions, the Competition Commission imposed jointly and severally a fine on the companies COLGATE-PALMOLIVE (HELLAS) S.A, COLGATE-PALMOLIVE EMPORIKI (HELLAS) SOLE PARTNER LTD and COLGATE PALMOLIVE COMPANY totaling € 8.671.267 for the infringement found consisting in the limitation of parallel imports into the Greek territory and € 747.518 for the above infringement found consisting in the abuse of their dominant position with regard to the specific detergent, in breach of articles 2 of L. 703/1977 (now article 2 of L. 3959/2011) and 82 EC Treaty (now 102 TFEU).

The Competition Commission also imposed a separate fine for the infringement of articles 1 of L. 703/1977 (now article 1 of L. 3959/2011) and 81 EC Treaty (now 101 TFEU) on the companies: i. ALPHA-VETA VASILOPOULOS S.A, totaling € 474.714, ii. SKLAVENITIS S.A., totaling € 213.297, MAKRO CASH & CARRY S.A., totaling € 183.330, PENTE S.A., totaling € 143.922 and KYPSELI S.A., totaling € 1.944.  Finally, it imposed jointly and severally on the companies COLGATE-PALMOLIVE (HELLAS) S.A. and COLGATE-PALMOLIVE EMPORIKI (HELLAS) SOLE PARTNER LTD a fine totaling € 400.000 for the infringement found, according to the grounds of the decision, of article 25 par. 2 of L. 703/7, for providing inaccurate and incomplete information during the conduct of the ex-officio investigation.