| Decision 722/2021 | |
|---|---|
| File (PDF) | Decision 722/2020 |
| Date of Issuance of Decision |
December 02nd, 2020 |
| Government Gazette Issue No | Pending |
| Relevant Market |
Provision of pharmaceutical services in the Prefecture of Karditsa |
| Subject of the Decision |
Anticompetitive practices of an Association of undertakings |
| Legal Framework |
Articles 1 of L. 3959/2011 |
| Operative part of the Decision |
Finding of infringement and imposition of fines |
|
Complainant(s) |
Company- Pharmacy in the Prefecture of Karditsa |
|
Company(ies) investigated |
|
| Summary of Decision |
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. |
| Judicial Means |
- |
| Decisions by the Court of Appeal of Athens (Administrative Division) |
- |
Wednesday, 02 December 2020
Decision 722/2020
Decision following the complaint, under ref. number 1508/14.02.2013, submitted by a pharmacist, as legal representative of the general partnership under the name “(…) SIA OE PHARMACY” against the a) Karditsa Pharmaceutical Association (FSK), for violation of article 1 of law 3959/2011, as in force, and / or article 101 of the TFEU and (b) the Pharmacists Supply Cooperative of Karditsa Perfecture. (SYFAK), for violation of articles 1 and 2 of the above law and / or articles 101 and 102 of the TFEU, in the market of medicines and other pharmaceutical and parapharmaceutical products.
