The Plenary of the Hellenic Competition Commission (HCC) will convene on December 21st, 2020, to examine, based on the relevant Statement of Objections (SO), pursuant to Article 25(6) of Law 3959/2011[1], the request of DEPA COMMERCIAL S.A. for review of the third Commitment undertaken by the company under HCC Decision No. 551/VII/2012, as amended by Decisions No. 589/2014, 596/2014, 618/2015, 631/2016 and 651/2017.
According to the SO, taking into account the prevailing conditions in the domestic market for natural gas, it is estimated that the purpose of the third Commitment adopted by HCC Decision No. 551/VII/2012, as amended, namely the provision of liquidity in the natural gas market and, in particular, the development of sufficient competitive market forces, has now been fulfilled.
The SO puts forward the following proposals:
- To establish that there has been a substantial change in the facts on which HCC Decision No. 551/VII/2012, as amended and applicable, was based regarding the third Commitment undertaken by DEPA and
- To accept the request of DEPA for its exemption from the obligation to implement the program of distribution of natural gas quantities through electronic auctions, as set out in Decision No. 631/2016.
It should be noted that the Statement of Objections is not binding on the HCC, which will decide on the basis of the available facts as well as the arguments put forward by the parties.
[1] «The HCC may, at the request of any interested party or of its own motion, reopen the proceedings where there has been a substantial change in the facts on which the decision was based, or if the undertakings concerned have failed to fulfill their commitments, or the decision was based on incomplete, inaccurate or misleading information from the undertakings concerned ". See also in this respect Article 9 par. 2 of Regulation 1/2003.