Friday, 15 February 2013 08:29

Decision 563/2013

Decision on the ex-officio investigation in the domestic market of poultry meat producing companies for possible violation of article 1 of law 703/77 (already article 1 of law 3959/2011) and article 101 TFEU.

Decision 563/2013
File (PDF) Decision 563/2013
Date of Publication of Decision February 15th, 2013
Issue Number of Government Bulletin
Relevant Market

Production and Sale of Fresh and / or Frozen Chicken/Poultry Meat

Subject of the Decision

Cartel

Legal Framework

Article 1 L. 3959/2011

Operative part of the Decision

Finding of infringement

Complainant(s)

Ex-officio investigation

Company(ies) concerned

1. S.P.E.E.

2. TH. NITSIAKOS SA

3. APSI PINDOS

4. APS ARTAS

5. LIVADITI BROS SA

6. D. KELAIDITIS & CO LTD

7. AMBROSIADIS COUNTRY CHICKENS SA

8. AGROZOI SA

9. MAZARAKI SA

10. KOTINO SA

11. ΒΙΟΚΟΤ ΑΕ

12. SONS P. SARAMOURTSI SA

13. FRESCOT SA

14. ANGELAKIS SA

Summary of Decision

The HCC found that a total of thirteen companies active in the production and distribution of poultry meat, as well as the Association of Poultry Enterprises of Greece (SPEE) violated Article 1 of the competition law (previous n.703 / 1977, current n.3959 / 2011), and Article 101 TFEU, by their involvement in illegal pricing and customers’ distribution practices and imposed significant fines. The ex-officio investigation started after market information about the simultaneous increase in the price of poultry meat products by some companies in the sector.

From the data gathered, it was documented, among other things, that the companies involved agreed to jointly determine their products’ selling prices (fresh and frozen poultry meat) to downstream suppliers (ie wholesalers, supermarkets, butchers, grill-restaurants) and also pursued market segmentation practices through the distribution of customers.

The cartel was implemented through regular meetings of the representatives of poultry meat producers, among others, under the auspices of their professional association, and it lasted for more than a decade (from 1996 to 2010), even though not all parties were involved throughout the whole period. The total amount of fine imposed amounts to 39,998,346 euros.

Judicial Means Judicial Proceedings were initiated
Decisions by the Court of Appeal of Athens (Administrative Division) DEA 221/2014, DEA 222/2014, DEA 223/2014, DEA 224/2014, DEA 237/2014, DEA 241/2014, DEA 243/2014, DEA 283/2014, DEA 284/2014, DEA 299/2014, DEA 1075/2016, DEA 1076/2016,DEA 1082/2016, DEA 1207/2016, DEA 1208/2016, DEA 1324/2016, STE 1105/2018, STE 1106/2018, STE 1107/2018, STE 1108/2018, STE 1109/2018, STE 1110/2018, STE 1111/2018, STE 1112/2018, STE 1113/2018, STE 1114/2018, STE 1115/2018
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