| Decision 580/2013 | |
|---|---|
| File (PDF) | Decision 580/2013 |
| Date of Publication of Decision | November 15th, 2013 |
| Government Gazette Issue No | |
| Relevant Market |
Retail and Distribution of Telephony, Informatics and High Technology Products |
| Subject of the Decision |
Anti-competitive Agreements |
| Legal Framework |
Articles 1 L. 3959/2011 |
| Operative part of the Decision |
Finding of infringement |
| Complainant(s) |
1. Georgios Tzaves, Marios Tzaves, owners of the company "GEORGE TZAVES - MARIOS TZAVES OE" 2. ROAMING DIGITAL TECHNOLOGY COMPANY S.A 3.Α. RAZIS - G. EFTHYMIOU OE 4. Dimitrios Kolettas 5. Miltiadis Gonzos and Ismini Gonzou, in their capacity as former partners of the already dissolved M. GONTZOS and CO OE |
| Respondent(s) |
GERMANOS S.A. INDUSTRIAL AND COMMERCIAL COMPANY OF ELECTRONIC - TELECOMMUNICATIONS AND PROVISION OF SERVICES |
| Summary of Decision |
The decision concerns the practices of the company GERMANOS, a subsidiary of the mobile telephony company COSMOTE, in the market of retail sale and distribution of telephony, IT and high technology products. In its decision, the Hellenic Competition Commission found that GERMANOS violated Article 1 of Law 703/77 (now Article 1 of Law 3959/2011) and Article 101 TFEU, regarding the franchise system and its related contracts with its franchisees, by setting resale prices and restricting reciprocal/mutual supplies between its distributors-franchisees, during the years 1990-2012. For the infringements found, the Commission imposed on GERMANOS a fine of ten million two hundred fifty-one thousand five hundred forty-eight (10,251,548) euros. The case started following the submission of complaints by franchisees and was extended to an ex-officio investigation to determine, among other things, whether GERMANOS: a) has directly and indirectly determined the resale prices of its franchisees, both through contractual terms and through operating procedures, and (b) has obliged the franchisees to buy exclusively the products they sell in their stores by GERMANOS, and thus eliminating the possibility for mutual supplies between the franchisees of its network. It is noted that many of the complainants resigned after their complaints, without, however, adversely affecting the investigation of the case, due to the fact that the investigation was continued ex officio by the Hellenic Competition Commission. |
| Judicial Means | Appeal. |
| Decisions by the Court of Appeal of Athens (Administrative Division) | |
Decision 580/2013
Decision on the complaints under ref. number 8797/8.12.2009, 8940/14.12.2009, 2617/30.4.2010, 5247/1.9.2010 and 3726/23.04.2012 of the following companies and individuals: 1) Georgios Tzaves, Marios Tzaves, owners of "GEORGE TZAVES - MARIOS TZAVES OE" and the company "GEORGE TZAVES - MARIOS TZAVES OE", 2) "ROAMING DIGITAL TECHNOLOGY COMPANY SA" with the distinctive title "ROAMING SA", as a universal successor and coming from the merger of the companies "KYRIAKOS CHRISTEAS – MARIA TZAMTZI OE”, “EIRINI CHRISTEA and SIA OE”, and the sole proprietorship "IRINI G. CHRISTEA", 3) "A. RAZIS - G. EFTHYMIOU OE ", of Andreas Razis and Georgios Efthymiou, 4) Dimitrios Kolettas and 5) Miltiadis Gonzos and Ismini Gonzos, in their capacity as former partners of the already dissolved"M. GONTZOS and CO OE”, against the company "GERMANOS SA INDUSTRIAL AND COMMERCIAL COMPANY OF ELECTRONICS - TELECOMMUNICATIONS AND PROVISION OF SERVICES” for violation of articles 1 and 2 of L. 3959/2011 (previous articles 1 and 2 of L. 703/1977), of article 2a of L. 703/1977, which was nevertheless abolished with L. 3784/2009 (Government Gazette 137/7.8.2009), as well as articles 101 and 102 of the Treaty on the Functioning of the European Union (former articles 81 and 82 of the TEU), as well as the relevant ex-officio investigation carried out.