|
Decision 835/2023 |
||
|---|---|---|
| File (PDF) | Decision 835/2023 | |
| Date of Issuance of Decision | December 14th, 2023 | |
| Issue Number of Government Gazette | 5587/B΄/08.10.2024 | |
| Relevant Market |
The refining, wholesale and retail of petrol (gasoline) and diesel. |
|
| Subject of the Decision |
Decision, pursuant to Article 39 (5) of Law 3959/2011, as in force, on the case concerning the obstruction of a dawn raid, conducted by the Directorate-General for Competition in the context of its ex officio investigation into the wider petroleum product market, by the company under the name MOTOR OIL (HELLAS) CORINTH REFINERIES S.A. and a natural person. |
|
| Legal Framework |
Article 39 of Law 3959/2011 |
|
|
Operative part of the Decision |
The Hellenic Competition Commission, in plenary sitting, unanimously decided, by open vote, as follows: A. Unanimously finds, according to the grounds of the decision, that the company under the name “MOTOR OIL (HELLAS), CORINTH REFINERIES S.A.” infringed Article 39 (5) of Law 3959/2011; B. Unanimously imposes, according to the grounds of the decision, a fine totaling nine million two thousand euros (EUR (9,200,000.00) on “MOTOR OIL (HELLAS), CORINTH REFINERIES S.A.”; C. Unanimously finds, according to the grounds of the decision, that the natural person named I.V. infringed Article 39 (5) of Law 3959/2011; D. Imposes, by majority, according to the grounds of the decision, a fine totaling fifty thousand euros (EUR (50,000.00) on the natural person named I.V. |
|
| Company(ies) concerned |
1. “MOTOR OIL (HELLAS), CORINTH REFINERIES S.A.” 2. A natural person |
|
| Summary of Decision |
The Hellenic Competition Commission (HCC), in plenary sitting, by its Decision no 835/2023, adopted following the relevant Statement of Objections by the Commissioner-Rapporteur, Panagiotis Fotis, on a possible infringement of Article 39 (5) of Law 3959/2011 by the company under the name MOTOR OIL (HELLAS), CORINTH REFINERIES S.A. and the distinctive title “MOTOR OIL”, as well as by a natural person named I.V., consisting in the obstruction of the on-site inspection (dawn raid) conducted in the context of an ex officio investigation carried out by the Directorate-General for Competition (DGC) into the refining, wholesale and retail trade of petrol (gasoline) and diesel, unanimously found that MOTOR OIL and the aforementioned natural person infringed the above Article of the Greek Competition Act. In particular, as stated in the grounds of the Decision, in the course of the on-site inspection carried out by DGC officials, MOTOR OIL and the natural person, instead of actively cooperating, impeded, delayed and hindered the inspection by their acts and omissions and, therefore, did not ensure the integrity - availability of the corporate files and the effectiveness of the on-site inspection. On the contrary, by their conduct, they hindered the on-site inspection and failed to comply with the obligation of active and unfailing cooperation with the DGC’s authorised officials, thus adversely affecting the effectiveness of the inspection. |
|
| Judicial Means | - | |
| Decisions by the Court of Appeal of Athens (Administrative Division) | - | |
