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Friday, 30 July 2021 12:00

Decision 741/2021

Decision regarding the consideration of complaints submitted by:

  1. the company under the name “GREEN OIL AEVE” against the companies a) “ELTEPE SA” (now ENDIALE SA) and b) “CYCLON HELLAS”(now LPC SA),
  2. the Association of Collectors of Waste Oils against the companies a) “ELTEPE SA”, b) “CYCLON HELLAS” and c)“ELTEPE Kinopraxia”,
  3. the company “ESK OIL AEVE” against a) the company“ELTEPE SA” and b) a natural person
Decision 741/2021
File (PDF) Decision 741/2021
Date of Issuance of Decision

July 30th, 2021

Government Gazette Issue No 6199/ Β΄/23.12.2021
Relevant Market
  1. Collection of waste lubricant oils
  2. Organisation and Operation of Alternative Administration of Waste Lubricants Oils Collection Systems and
  3. Remediation/recycling of waste lubricant oils
Subject of the Decision

Decision regarding the complaints submitted by:

  1. the company under the name “GREEN OIL AEVE” against the companies a) “ELTEPE S.A” (now ENDIALE S.A) and    b) “CYCLON HELLAS” (now LPC S.A),
  2. the Association of Collectors of Waste Oils against the companies a) “ELTEPE S.A”, b) “CYCLON HELLAS” and c)“ELTEPE Kinopraxia”,
  3. the company “ESK OIL AEVE” against a) the company “ELTEPE S.A” and b) a natural person
Legal Framework

Article 1 & 2 of L. 703/1977 (current 3959/2011) - Article 2a L.703/1977-Article 101 & 102 TFEU

Operative part of the Decision

The Plenary Session of the HCC, unanimously and in open vote, decided that:

  1. the company ELTEPE S.A. (now ENDIALE S.A.) infringed Articles 2 of L. 3959/2011 and 102 TFEU, for the reasons described extensively in it, during the period from 1.1.2004 up until 15.1.2013,
  2. Imposes a fine of EUR 111.600 upon ELTEPE S.A. (now ENDIALE S.A.) with regard to the infringement of article 2 of L. 3959/2011 and 102 TFEU during the above period,
  3. Finds that the company ELTEPE S.A. (now ENDIALE S.A.) infringed (the now abolished) article 2a of law 703/1977, for the reasons described in it, during the period from 2.8.2004 up until 1.8.2008,
  4. Orders the company ELTEPE S.A. (now ENDIALE S.A.) to omit similar practices in the future,
  5. Threatens the above company with a fine, in case the HCC decides in the future that the above-mentioned infringements continue or are repeated,
  6. Dismisses the complaints of GREEN OIL AEVE, ESK OIL AEVE and the Association of Collectors of Waste Oils as to their remainder as unfounded and as issues not subject to the scope of HCC’s responsibilities.

Complainant(s)

  1. GREEN OIL AEVE
  2. ESK OIL AEVE
  3. Association of Collectors of Waste Oils

Company(ies) under inspection

  1. ELTEPE SA (now ENDIALE SA)
  2. CYCLON HELLAS (now LPC SA)
  3. ELTEPE Kinopraxia
Summary of Decision

ELTEPE S.A., during the period from 1.1.2004 up until 15.1.2013, in the agreements concluded between ELTEPE S.A. and companies active in the collection as well as the remediation/ recycling of waste lubricant oils, contained exclusivity clauses, resulting to an abuse of ELTEPE S.A.’s dominant position in the relevant market. According to the HCC, ELTEPE’s anti-competitive practices resulted in horizontal foreclosure of its competitors in the market for the organisation and operation of waste lubricants oils management systems, in which the plaintiff (ELTEPE SA) holds a dominant position. In particular, these exclusivity clauses aimed at directing every source of supply to ELTEPE, and as a result foreclosed potential competition from other possible Alternative Administration of Waste Lubricants Oils Collection Systems, which would not have access to sources of supply for their activity.

In addition, the HCC found that, during the period from 2.8.2004 up until 1.8.2008, ELTEPE SA infringed (the now abolished) Article 2a of Law 703/1977, which prohibited abuse of economic dependence. Finally, the HCC found that other practices alleged by the complainants (such as refusal to supply GREEN OIL AEVE and imposition of unfair prices to companies active in the collection of waste oils) have not been established and the relevant arguments were therefore dismissed as unfounded.

Judicial Means

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

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