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Friday, 07 August 2020

Press Release: Examination of the complaint of the company MYTILINEOS S. A.

Subject: Examination of the complaint of the company MYTILINEOS S. A. - GROUP OF COMPANIES against the companies IMERYS VOXITES SA and IMERYS GREECE SA for possible violation of articles 2 of law 3959/2011 and 102 of the TFEU in the bauxite production and supply market and compliance control of the company IMERYS VOXITES SA with the No. 690/2019 Decision of the Hellenic Competition Commission for Interim Measures

The plenary session of the Hellenic Competition Commission (hereinafter the “HCC”) will convene on September 28th, 2020, based on the related Statement of Objection to examine , a) the no. Ref. 6633 / 23.9.2016 complaint of the company "MYTILINEOS SA - GROUP OF COMPANIES" against companies i) "IMERYS VOXITES SOLE SHAREHOLDER GREECE SA" and ii) "IMERYS HELLAS SOLE SHAREHOLDER INDUSTRIAL MINERALS SA" for possible violations of the provisions of article 2 of law 3959/2011 and / or article 102 of the Treaty on the Functioning of the European Union (TFEU) in the bauxite production and supply market and b) the compliance of the company "IMERYS BOXITES GREECE SOLE SHAREHOLDER SA" with the No. 690/2019 Decision of the HCC for Interim Measures, according to article 25 par. 5 of law 3959/2011.

According to the Statement of Objection, there is no evidence of violation of articles 2 of law 3959/2011 and 102 of the TFEU by the companies a) "IMERYS VOXITES SA") and b) "IMERYS GREECE SA" to the detriment of the complainant, by way of conduct of total or partial refusal to sell, excessive pricing and monopoly inefficiency in the bauxite production and supply market. Also, based on the Statement of Objection, the compliance of the company "IMERYS BOXITES GREECE SOLE SHAREHOLDER SA" with the Order of Decision No. 690/2019 of the HCC for Interim Measures, is ascertained.

It should be noted that the Opinion is not binding on the HCC, which will decide on the basis of the available facts and the views of the parties.