Thursday, 13 July 2023 15:11

Decision 822/2023

Decision on the assessment of the competitive conditions and the effectiveness of the commitments undertaken by “ATTICA GROUP” (“ATTICA”) under section B4 of HCC Decision No. 658/2018, by virtue of section 85 thereof.

Decision 822/2023

File (PDF) Decision 822/2023
Date of Issuance of Decision July 13th, 2023
Issue Number of Government Gazette 5001 / B' /03.09.2024
Relevant Market Passenger and vehicle ferry industry in the ferry routes to the islands of Chios and Mytilini.
Subject of the Decision

Decision on the assessment of the competitive conditions and the effectiveness of the commitments undertaken by “ATTICA GROUP” (“ATTICA”) under section B4 of HCC Decision No. 658/2018, concerning the ferry routes to the islands of Chios and Mytilini, by virtue of section 85 thereof.

Legal Framework

Article 8 (8) of Law 3959/2011.

Operative part of the Decision

The HCC unanimously decided to extend the duration of the commitments undertaken by ATTICA GROUP (“ATTICA”) under section B4 of HCC Decision No. 658/2018 in part, as follows, for a period of three (3) years, i.e. until 26.4.2026:

1. To extend the duration of the commitment concerning the obligation of ATTICA not to increase routes as well as the commitment concerning the conditions of activation of a potential third Party – Competitor for a period of three (3) years, i.e. until 26.4.2026.

 2. To partially extend, for a period of three (3) years, i.e. until 26.4.2026, the duration of ATTICA’s commitment not to reduce routes and to operate at least 7 routes per week within the June-August period and at least 6 routes per week within the September - May period, not including the routes operated under Public Service Contracts.

Company(ies) concerned

“ATTICA GROUP” (“ATTICA”)

Summary of Decision

According to the grounds of the Decision, ATTICA maintains its strong position in the relevant markets concerned. The five-year period provided for in Decision 658/2018 initially gave ATTICA’s potential competitors a sufficient and fair scope of action and exploring of their   business possibilities.  However, the advent of the pandemic and its effects significantly affected and disrupted the planning of the ferry companies throughout the period 2020- 2021. Furthermore, in the year 2022, no increase in passenger and vehicle ferry transport was observed. Therefore, an extension of the commitments for a period of three years is adopted to allow a sufficient time period for assessing their effectiveness as well as any opening of "demand/market space" and ferry transport activity of competitors in the islands covered by the commitments or the expansion of those already active in these ferry routes, while the partial lifting of the commitment not to reduce the ferry routes for  the islands covered by the Commitments due to, inter alia, the low  load factor of these routes, is considered reasonable and proportionate.

Judicial Means -
Decisions by the Court of Appeal of Athens (Administrative Division) -

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