Monday, 18 November 2013 08:29

Decision 581/2013

Decision concerning the ex officio investigation of the Directorate-General  of the HCC, for the examination of possible infringement of articles 1 and 2 of Law 703/1977 (current articles 1 and 2 of Law 3959/2011), as well as articles 101 & 102 TFEU, by the company PROCTER & GAMBLE HELLAS S.A., within the context of  industry cooperation agreements (or branded product commercial representatives) with the retail market for baby diaper and related baby care products.

Decision 581/2013
File (PDF) Decision 581/2013
Date of Publication of Decision November 18th, 2013
Issue Number of Government Bulletin
Relevant Market

Baby Diapers

Subject of the Decision

Anti-competitive agreements, abuse of a dominant position

Legal Framework

Articles 1 and 2 L. 3959/2011 and 101 and 102 of TFEU

Operative part of the Decision

Finding of infringement

Complainant(s)

Ex officio investigation

Respondent(s)

PROCTER & GAMBLE HELLAS S.A.

Summary of Decision

Following an ex officio investigation carried out for the finding of infringement of competition rules by the company Procter & Gamble (P&G), regarding the relevant market of baby diapers, the HCC concluded (by majority vote) that the company has infringed Article 2 of L.3959/2011 and 102 of TFEU regarding abuse of dominance, as well as Article 1 of L.3959/2011 and 101 TFEU regarding prohibited concerted practices.
According to the decision, during the investigated period from 2003 to 2011, P&G had adopted and implemented anticompetitive practices aimed at maintaining and/or strengthening its dominant position in the market for baby diapers, thereby excluding competitors and limiting their growth possibilities. 
The alleged abusive conduct included, among others, tailor-made individualized target rebates and rebates conditional upon the commitment of excessive shelf space for its baby diapers, as agreed between P&G and major retail chains throughout the investigated period. Based on the gravity and duration of the infringement, and after taking into account the particularities and economic conditions of the case, the HCC imposed on P&G a fine of 5,312,700 euro and obliged it to omit similar anti-competitive conduct in the future.

Judicial Means Non final. Judicial proceedings initiated.
Decisions by the Court of Appeal of Athens (Administrative Division)

AACA 2458/2017

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