Friday, 28 November 2014 00:00

Decision 599/2014

Decision on the prior notification of a concentration following article 6 par. 1-3 of L. 3959/2011 from the Cooperative under the name “Buying and Consumer Limited Liability Cooperative of the Consumers’ Institute(INKA)”,  regarding the acquisition of sole control of the company under the name “Commercial, Touristic and Real Estate VIDALIS S.A.”.

Decision 599/2014
File (PDF) Decision 599/2014
Date of Publication of Decision November 28th, 2014
Issue Number of Government Bulletin
Relevant Market

Supermarket items

Subject of the Decision

Merger

Legal Framework

Phase I (article 8 par. 3  L. 3959/2011)

Operative part of the Decision

Clearance

Acquiring company(ies)

Buying and Consumer Limited Liability Cooperative of the Consumers’ Institute (INKA)

Target company

Commercial, Touristic and Real Estate VIDALIS S.A.

Summary of Decision

The Hellenic Competition Commission (HCC), unanimously approves, pursuant to article 8 par. 3 L. 3959/2011, the concentration announced on 3.11.2014 regarding the acquisition of control of the company under the name “Commercial, Touristic and Real Estate VIDALIS S.A.”from the cooperative under the name “Buying and Consumer Limited Liability Cooperative of the Consumers’ Institute (INKA)”.

The merger under consideration concerns the markets: (a) retail sale of supermarketitems at the distribution level, which is geographically defined at prefecture level, Chania, Rethymno, Heraklion and Lassithi(in the island of Crete), as well as at the level of each island where the parties are active and specificallyin the islands of Tinos, Naxos, Paros, Syros, Milos, Santorini, Kalymnos and Chios, (b) supply/procurement of supermarket items, which from a geographical point of view occupies the entire Greek territory, and (c) wholesale of supermarket items, which from a geographical point of view occupies the entire Greek territory. None of the above markets constitutes an affected market in this case. As the merging companies are not active in the same geographic markets nor in neighboring geographic markets in the supermarket retail market, while in the other two markets their market shares, individually or cumulatively, are low, the merger does not have affected markets.

According to article 7 par. 1 and 2 of L. 39592011, the notified merger is not expected to substantially change the structure of the relevant markets, neither the actual or potential competition and the alternative sources of choice for suppliers and customers and although it falls within the scope of paragraph 1 of article 6 of L. 3959/2011, it does not cause serious doubts as to its compatibility with the competitive forces in the relevant markets.

Judicial Means Final. No Appeal.
Decisions by the Court of Appeal of Athens (Administrative Division) -
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