Thursday, 20 December 2012

Decision 555/2012

Decision on a) the complaint originally lodged to the Regulatory Authority for Energy (RAE) and forwarded by it to the Hellenic Competition Commission (HCC) pursuant to its Decision No 1175/2010, by the company under the name “ALUMINIUM S.A.” (ALUMINIUM or the Complainant) against the company under the name “Hellenic Gas Transmission System Operator S.A.” (DESFA) and the company under the name “Public Gas Corporation S.A.” (DEPA), and b) the complaint lodged to the HCC by ALUMINIUM against DEPA, for the examination of the alleged infringements of Articles 101, 102 TFEU and Articles 1 and 2 of Law 703/77 (as was applicable) and Articles 1 and 2 of current Law 3959/2011.

Decision 555/2012
File (PDF) Decision 555/2012
Date of Issuance of Decision

December 20th, 2012

Issue Number of Government Bulletin
Relevant Market

Natural gas

Subject of the Decision

Abuse of a Dominant Position

Legal Framework

Article 2 L. 3959/2011

Operative part of the Decision

Finding of infringement



Company(ies) concerned


Summary of Decision

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 no 551/VIΙ/2012.

Judicial Means Appeal.
Decisions by the Court of Appeal of Athens (Administrative Division)  DEA 4761/2014DEA 1617/2021
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