Decision on the overdue submission of the merger notification under ref. no. 8636/28.09.2022, according to Article 6 (4) of Law 3959/2011 in conjunction with Articles 6 (1) and 2 of Law 3959/2011, as in force, concerning a change in the control over the company SYNERGAZOMENI PANTOPOLES S.A., namely from sole control by the company ELLINIKA MARKET S.A. to sole control by the company ANEDIK KRITIKOS S.A., following the Statement of Objections under ref. no. 4912/16.06.2023 by the Commissioner-Rapporteur I. Stefatos.

Articles 6 (4) and Articles 6 (1) and 2 of Law 3959/2011.

Operative part of the Decision

The Hellenic Competition Commission (HCC), in Chamber sitting, unanimously decided as follows: 

1. Finds the overdue notification of the concentration concerning the acquisition of sole control by the company ANEDIK KRITIKOS S.A. over the company SYNERGAZOMENI PANTOPOLES S.A., in breach of Article 6 (1) of Law 3959/2011, as in force.

2. Imposes on the acquirer ANEDIK KRITIKOS, as liable for the above notification, a fine of EUR 30,000 according to Article 6 (4) of Law 3959/2011, as in force.

ANEDIK KRITIKOS S.A

According to the grounds of the Decision, based on the evidence available, the notifiable act at issue, namely the private preliminary share transfer agreement, was signed on 27.07.2022, therefore, the Merger Notification Form should have been submitted by 26.08.2022 at the latest. However, the notification of the above transaction was submitted on 28.09.2022, i.e. sixty-three (63) days after the signing of the Private Preliminary Share Transfer, thus exceeding by sixty-three (33) days the statutory 30-day deadline for timely submission.