Friday, 21 September 2012 00:00

Decision 547/2012

Decision concerning the ex-officio investigation for suspected antitrust infringements in the market for the production and distribution of concrete in Crete. 

Decision 547/2012
File (PDF) Decision 547/2012
Date of Issuance of Decision

September 21st, 2012

Issue Number of Government Bulletin
Relevant Market

Production and Distribution of Ready-mixed Concrete

Subject of the Decision

Anti-competitive Agreements, Abuse of a Dominant Position

Legal Framework

Articles 1 and 2 of L. 3959/2011

Operative part of the Decision

Finding of infringement

Complainant(s)

Ex-officio investigation

Company(ies) concerned

1. BETARM S.A.

2. LATOM-TECHNOBETON S.A.

3. RETHYMNIAKI KRITIS S.A.

4. EUROBETON S.A.

5. BETODOMIKI S.A.

Summary of Decision

Following letters of protest received from residents of the prefecture of Heraklion regarding the high prices at which ready-mixed concrete is sold in this prefecture, in relation to the other prefectures of Crete, the Directorate-General for Competition initiated an ex-officio investigation in the above market, in the context of which numerous on-site inspections were carried out at undertakings active in the production of concrete and at associations of undertakings in the Region of Crete, as well as at the Association of Greek Ready-mixed Concrete Industries (SEVES).

The evaluation and assessment of all the evidence in the case filed to the finding of infringements of article 1 of Law 703/1977, as it was in force, due to the participation of certain companies in prohibited agreements.

Subsequently, by its unanimous decision No. 547/VII/2012, the Hellenic Competition Commission (HCC) held as follows:

1. It found that the companies "BETARM S.A.", "LATOM-TECHNOBETON S.A", "RETHYMNIAKI KRITIS S.A." and "EUROBETON S.A"  infringed Article 1 of Law 703/1977, as it was in force, for the period from 30.7.2001 until the year 2008, due to their participation in prohibited conducts (price-fixing, limitation/control of production, exchange of confidential information), in particular under agreements concluded between 30.7.2001 and 22.8.2005.

2. It found that the company "BETODOMI S.A." infringed Article 1 of Law 703/1977, as it was in force, for the period from 22.8.2005 until the year 2008, due to its participation in prohibited conducts(price-fixing, limitation/control of production, exchange of confidential information), in particular under the agreement concluded on 22.8.2005.

3. Ordered the aforementioned companies to cease and refrain from repeating in the future the established violation of Article 1 of Law 703/1977, as it was in force (prohibited agreements).

 4. Imposed on the undertakings concerned, fines totaling ninety-four thousand six hundred and twenty-one euro (€ 94,621) for the infringement of Article 1 of Law 703/1977, as it was in force.

5. It addressed a warning to the Association of Greek Ready-Mixed Concrete and Aggregates Industries of Western Crete for its participation in the established infringement of Article 1 of Law 703/1977, as it was in force.

Judicial Means Appeal.
Decisions by the Court of Appeal of Athens (Administrative Division) ACAA 2385/2014 , ACAA 132/2013
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