December 02^nd, 2020

Provision of pharmaceutical services in the Prefecture of Karditsa 

Anticompetitive practices of an Association of undertakings

Articles 1 of L. 3959/2011 

Finding of infringement and imposition of fines

Complainant(s)

Company- Pharmacy in the Prefecture of Karditsa 

Company(ies) investigated

1. Karditsa Pharmaceutical Association (FSK)
2. Pharmacists Supply Cooperative of Karditsa Perfecture (SYFAK)

The Hellenic Competition Commission, following a complaint submitted by a pharmacy, unanimously decided that the Karditsa Pharmaceutical Association (FSK) infringed article 1 of law 3959/2011, through illegal anti-competitive practices for the determination/restriction of the opening hours of the pharmacy of Karditsa from November 2011 to December 2013.

The infringement concerned anti-competitive practices of the FSK to the detriment of the complainant pharmacy company in order to discourage it and prevent it from operating during the extended opening hours, according to the new law that had been voted at the time.The FSK proceeded in the adoption of a decision concerning the function of competitive conditions at the relevant market and therefore it adopted a decision, sufficiently capable, by its very nature, of restricting and distorting competition.

As far as SYFAK is concerned, its dominant position at the relevant product and geographical market where it operates could not be established and therefore no infringement of article 2 of l. 3959/2011 was found. In that respect, the alleged practice of SYFAK’s refusal to supply the complainant was not considered capable of excluding it from the market in which it operates i.e., in the downstream retail market for medicines, in relation to the wholesale market where SYFAK operates.

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