December 20^th, 2012

Natural gas

Abuse of a Dominant Position

Article 2 L. 3959/2011

Finding of infringement

ALUMINIUM OF GREECE

DESFA S.A.

By its unanimous decision, the Hellenic Competition Commission found that the “Hellenic Gas Transmission System Operator SA” (DESFA), the operator of the gas transmission system in Greece, abused its dominant position in the primary market for natural gas transmission by way of denying the complainant, ALUMINIUM, access in equal terms, to the distribution network and access to the liquefied natural gas (LNG) terminal in Revithousa, for the transfer of LNG bought by another supplier than DEPA. The above abusive conduct, which took place from November 2009 until May 2010, was considered by the Commission to constitute a hardcore restriction of competition and to have a detrimental effect on the competitive operation of the market for the supply of natural gas (downstream market), because it excluded the possibility for the complainant, as an Eligible Customer, to be supplied with natural gas from a supplier other than the Public Gas Corporation S.A. (DEPA), parent company of DESFA, either for its own use (ALUMINIUM’s) or for resale to other Eligible Customers.

On these grounds, the Hellenic Competition Commission: a) imposed on DESFA a fine of four million, two hundred ninety-nine thousand, one hundred sixty-three euros and ninety-nine cents (€4.299.163,99) for infringement of articles 2 of L. 703/1977, as it was in force and 102 TFEU, b) issued an order requiring DESFA to cease and desist henceforth from the infringements found and c) threatened DESFA, in case the HCC decides in the future that the above-mentioned infringements are repeated, with a fine of ten thousand euros (€10.000) for each day of non-compliance. As far as DESFA’s parent company, DEPA, is concerned, see HCC Decision n^o 551/VIΙ/2012.