Wednesday, 02 December 2020 10:45

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.

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

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

-

Μοιραστείτε το / Share it

Address

Kotsika 1A & Patision
10434
Athens, Greece

Contact us

210 8809100
contact@epant.gr

Copyright

Copyright © 2022 Hellenic Competition Commission. All Rights Reserved.

Θέλετε να ενημερώνεστε; Want to be updated?

Aκολουθήστε μας στα κοινωνικά δίκτυα!
Follow us on Social Media!