Market for the provision of harbour tug services in the ports of Thessaloniki, Attica and Kavala.

Settlement decision, following the relevant Statement of Objections (SO) under Ref. No 8430/20.09.2022 by the Commissioner-Rapporteur Maria Ioannidou, adopted under the simplified settlement procedure of article 25a of L. Ν. 3959/2011 and HCC Plenary Decision No 790/2022, on the ex officio investigation conducted by the Directorate-General for Competition in the market for the provision of harbour tug services and the complaint lodged by the company under the name GIGILINIS SHIPPING GROUP LLC against a) "ZOUROS TOWAGE AND SALVAGE CONSORTIUM", b) MEGATUGS TOWAGE AND SALVAGE CONSORTIUM and c) VERNICOS SPANOPOULOS TUGS AND SALVAGE CONSORTIUM of Thessaloniki.

Article 1 L. 3959/2011 and 101 TFEU, article 29A L. 3959/2011

Operative part of the Decision

Finding of an infringement and imposition of fines – Settlement procedure

GIGILINIS SHIPPING GROUP LLC and ex officio investigation

1) "VERNICOS TUGS & SALVAGE CONSORTIUM, 2) SPANOPOULOS SALVAGE TUGS CONSORTIUM, 3) MEGALOCHARI TUGS CONSORTIUM, PANTANASSA I SHIPPING COMPANY & MEGATUGS CONSORTIUM, 4) "ZOUROS TOWAGE AND SALVAGE CONSORTIUM", 5) "MEGALOCHARI - ZOUROS TOWAGE & SALVAGE CONSORTIUM" (PRO - TUGS), 6) VERNIKOS - KARAPIPERIS - LYMPOUSAKIS CONSORTIUM TUGS AND SALVAGE (AEGEAN TUGS), 7) "MEDITERRANEAN TUGS" (MED TUGS), and 8) "VERNICOS ZOUROS TUGS AND SALVAGE CONSORTIUM" and 9) "VERNICOS SPANOPOULOS TUGS AND SALVAGE CONSORTIUM (VERNICOS-SPANOPOULOS)

By its unanimous Decision no. 796/2022 (the “Decision”), adopted in plenary, the Hellenic Competition Commission ("HCC") finds that the above investigated undertakings infringed articles 1 of L. 3959/2011 and 101 TFEU.

In the present case, as regards the port of Thessaloniki, the agreements between the investigated undertakings had as their object the restriction of competition, in particular market allocation and price fixing (discounts) in the provision of towing services for commercial vessels (both cargo ships and oil tankers). The evidence in the case file indicates that the above restrictions were implemented and resulted in market foreclosure.

With respect to the ports of Attica, the agreements in which the parties involved were engaged had as their object the restriction of competition, in particular market/ customer allocation and price fixing (discounts) in the provision of tug services for oil tankers and, therefore, constitute restrictions of competition that may potentially result in the foreclosure of the relevant market.

With respect to the ports of Kavala, the agreements in which the parties involved were engaged had as their object the restriction of competition, in particular market/ customer allocation and price fixing (discounts) in the provision of tug services for commercial vessels (both cargo ships and oil tankers), and, therefore, constitute restrictions of competition that may potentially result in the foreclosure of the relevant market.

The HCC imposed reduced fines (a reduction of 15%) under the Settlement Procedure for the established infringement of Article 1 of Law 3959/2011 and 101 TFEU, in accordance with the grounds of the Decision.

In consideration of the principles of economic unity and economic succession, the HCC imposed the following fines:

1) on “VERNICOS TUGS & SALVAGE CONSORTIUM”, a fine totalling EUR 272,349.91.

2) on “SPANOPOULOS SALVAGE TUGS CONSORTIUM”, a fine totalling EUR 431,513.32.

3) on “MEGALOCHARI TUGS CONSORTIUM, PANTANASSA I SHIPPING COMPANY & MEGATUGS CONSORTIUM (MEGATUGS), a fine totalling EUR 498,280.58.

4) on “ZOUROS TOWAGE CONSORTIUM”, a fine totalling EUR 510,326.14.

5) on “MEGALOCHARI - ZOUROS TOWAGE & SALVAGE CONSORTIUM" (PRO - TUGS), a fine totalling EUR 1,060,950.56.

6) on "MEDITERRANEAN TUGS" (MED TUGS), a fine totalling EUR 1,203,324.95.

7) on "VERNICOS SPANOPOULOS TUGS AND SALVAGE CONSORTIUM (VERNICOS-SPANOPOULOS), a fine totalling EUR 384,072.82.