Wednesday, 18 January 2023

Decision 806/2023

Decision on the notification of a concentration of undertakings, pursuant to article 6 of L. 3959/2011, consisting in the acquisition by the companies under the names “AUTOHELLAS TOURIST AND TRADING S.A.” and “SAMELET MOTORS LTD” of joint control over “FCA GREECE S.A.”

Decision 806/2023

File (PDF) Decision 806/2023
Date of Issuance of Decision January 18th, 2023
Issue Number of Government Gazette
Relevant Market

The relevant product and service markets concerned by the concentration are as follows:

As regards horizontal relationships:

1. import and wholesale distribution of new passenger and light commercial vehicles
2. import and wholesale distribution of spare parts for passenger and light commercial vehicles

The following markets, as regards vertical relationships:

1. vehicle leasing
2. retailing of new passenger and light commercial vehicles
3. retailing of spare parts for passenger and light commercial vehicles and provision of repair and maintenance services

Subject of the Decision Decision on the notification of a concentration of undertakings, pursuant to article 6 of L. 3959/2011, consisting in the acquisition by the companies under the names “AUTOHELLAS TOURIST AND TRADING S.A.” and “SAMELET MOTORS LTD” of joint control over “FCA GREECE S.A.” 
Legal Framework

Article 6 L. 3959/2011

Operative part of the Decision

Τhe Hellenic Competition Commission unanimously approves, under article 8(3) of L. 3959/2011), the proposed concentration notified under ref. no 9565/26.10.2022, consisting in the acquisition by the companies “AUTOHELLAS TOURIST AND TRADING S.A.” and “SAMELET MOTORS LTD” of joint control over the company “FCA GREECE S.A.” as, although falling within the scope of article 6(1) of the Greek Law 3959/2011, it does not raise any serious concerns as to its compatibility with competition rules in the individual markets concerned.

Company(ies) concerned

1. “AUTOHELLAS TOURIST AND TRADING S.A.”

2. “SAMELET MOTORS LTD”

3. “FCA GREECE S.A.”

Summary of Decision

The notified transaction meets the characteristics of a concentration between undertakings according to Article 5 of Law 3959/2011 and falls within the scope of Article 6(1) of that Law, as the turnovers of the merging undertakings exceed the thresholds laid down by the law at both global and national level.

In conclusion and taking into consideration:

  • the limited market shares of the merging parties and the significant competitive pressure in all the markets of activity thereof;
  • the fact that although there is a horizontally affected market (new passenger vehicle import and wholesale market), the post-merger market shares will not be much higher than the 15% threshold set for horizontal mergers and the change in the HHI after the completion of the concentration is below 250 points, a threshold which, if exceeded, is normally considered to raise issues of potential restrictions in the relevant market, it is concluded that the concentration is not expected to have an appreciable effect on competition or lead to a significant restriction of competition in the affected market;
  • that even if it is to be assumed that there are vertically affected markets, as the acquirer AUTOHELLAS is also active, aside from the import and wholesale market for passenger vehicles and the wholesale market for original spare parts, a) in the retail market for passenger and light commercial vehicles, b) in the retail market for original spare parts and the provision of repair and maintenance services, as well as c) in the market for car leasing, no significant anti-competitive effects are expected in any of the above markets, either upstream or downstream,
the HCC considers that the proposed concentration is not expected to significantly affect the level of competition, therefore it does not raise serious doubts as to its compatibility with competition rules in the individual markets concerned.
Judicial Means -
Decisions by the Court of Appeal of Athens (Administrative Division) -
See Press Release HERE
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