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Decision 766/2022 |
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| File (PDF) | Decision 766/2022 | |
| Date of Issuance of Decision | January 27th, 2022 | |
| Issue Number of Government Gazette | 2275 /Β΄/16.4.2024 | |
| Relevant Market |
a) the market for distribution of new motor vehicles, b) the market for distribution of vehicle spare parts and accessories, c) the market for the provision of repair and maintenance services for motor vehicles. |
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| Subject of the Decision |
Decision on the complaint under ref. no. 10155/20.12.2012 lodged by the companies a) “Ι.D. MERKOURAKIS S.A.” and b) “IOANNIS MERKOURAKIS KENTRON TECHNIKIS EKSYPIRETISIS AYTOKINITON S.A.” against a) “CITROËN HELLAS SOCIETE ANONYME INDUSTRIAL AND COMMERCIAL COMPANY” (now “AIGLON INDUSTRIAL AND COMMERCIAL VEHICLES SOCIETE ANONYME”) and b) “AUTOMOBILES CITROËN FRANCE” concerning alleged infringements of Article 1 of Law 703/1977 (now Article 1 of Law 3959/2011) and Article 2a of Law 703/1977 as well as the provisions of Block Exemption Regulations (BER) 1400/2002 and 461/2010. |
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| Legal Framework |
Article 1 of Law3959/2011 and 101 TFEU. |
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Operative part of the Decision |
By its Decision no. 766/2022, the HCC unanimously decided as follows: A) Rejects, according to the grounds of the Decision, the complaint under ref. no. 10155/20.12.2012 lodged by the companies a) “Ι.D. MERKOURAKIS S.A.” and b) “IOANNIS MERKOURAKIS KENTRON TECHNIKIS EKSYPIRETISIS AYTOKINITON S.A.” against a) “CITROËN HELLAS SOCIETE ANONYME INDUSTRIAL AND COMMERCIAL COMPANY” (now “AIGLON INDUSTRIAL AND COMMERCIAL VEHICLES SOCIETE ANONYME”) and b) “AUTOMOBILES CITROËN FRANCE” concerning alleged infringements of Article 1 of Law 703/1977 (now Article 1 of Law 3959/2011) and Article 2a of Law 703/1977 as well as the provisions of Block Exemption Regulations (BER) 1400/2002 and 461/2010, as unfounded in its entirety. B) Finds, according to the grounds of the Decision, that there are no grounds for further action by the HCC in respect of the above complaint under article 101 TFEU. |
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| Company(ies) concerned |
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| Summary of Decision |
According to the complaint, the alleged anti-competitive practices are implemented throughout the Greek territory by the Greek CITROËN importer and the automobile manufacturer. These practices, inter alia, consist in Resale Price Maintenance (RPM) agreements with the authorised distributors and the network’s authorised repairers regarding the sale of new cars, the provision of repair and maintenance services and the sale of spare parts, limiting the possibility of the members of the distribution network to sell new cars, equipment/accessories and spare parts to independent repairers, limiting the possibility of the distributor/repairer to source spare parts and equipment matching the quality of the original spare parts etc. from a third supplier. The HCC rejected the above complaint and found that there are no grounds for further action by the HCC in respect of the above complaint under article 101 TFEU. |
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| Judicial Means | - | |
| Decisions by the Court of Appeal of Athens (Administrative Division) | - | |
