Monday, 19 December 2011 00:00

Decision 532/2011

Decision on the case concerning the complaints submitted by the prefecture of Chalkidiki and Mr. Telemachos Kyriakou, manager of a holiday home complex in Fourka area, against the Specific Transport Company “CASSANDRA S.M.E” of evacuation and transport of sewage and wastewater of the Cassandra peninsula of the prefecture of Chalkidiki (Former “Consortium of Owners of Public Use of Tankers for Sewer Drainage and Sewage Transport of Kassandra in the Prefecture of Chalkidiki”),  for infringement of articles 1 and 2 of the former L. 703/1977.

Decision 532/2011
File (PDF) Decision 532/2011
Date of Issuance of Decision

December 19th, 2011

Government Gazette Issue No
Relevant Market

Mass media

Subject of the Decision

Infringement of articles 1 and 2 of L. 703/1977. Preliminary ruling.

Legal Framework

Article 25 par. 4 of the Regulation of Internal Procedure and Management of HCC

Operative part of the Decision

Abstains from taking a final decision.

It issues a preliminary ruling, calling on the Directorate-General for Competition to conduct further investigation, as set out in the reasoning of the decision.

Complainant(s)

  1. Prefecture of Halkidiki 
  2. Telemachos Kyriakou

Respondent(s)

Specific Transport Company “CASSANDRA S.M.E” (Former “Consortium of Owners of Public Use of Tankers for Sewer Drainage and Sewage Transport of Cassandra in the Prefecture of Chalkidiki”).

Summary of Decision

By its decision (no.532/VI/2011), the competent Chamber of the Hellenic Competition Commission referred back to the Directorate General for Competition, to conduct further investigation, as set out in the reasoning of the decision, in order to find whether there is an infringement of articles 1 and 2 of L. 703/1977, as in force, by members of the specific transport company “CASSANDRA S.M.E”, which operates in the sector of wastewater management in the Kassandra Peninsula of the Prefecture of Chalkidiki.

According to the previous relevant Statement of Objections (SO), the members of the Cassandra Consortium entered into a price-setting agreement between themselves, in violation of Article 1 of Law 703/1977, as in force. 

In particular, the participating companies, in the form of a Consortium and taking advantage of the fact that they hold 100% of the relevant market, jointly decided to draw up a price list, which they implemented, resulting in obtaining important economic benefits. In the SO, it was further ascertained that the members of the Consortium abused their collective dominant position through excessive pricing, in violation of article 2 of L. 703/1977, as in force.

Judicial Means

Final. No Appeal.

Decisions by the Court of Appeal of Athens (Administrative Division)

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