The Hellenic Competition Commission (“HCC”) on 23.12.2020, based onArticle 11 of Law 3959/2011 on regulatory intervention in sectors of the economy, decided ex officio to initiate the relevant procedure in the press distribution sector.
The purpose of the procedure is to examine the conditions of competition in the above sector of the economy. Article 11 of Law 3959/2011 allows the HCC to take all necessary measures to create conditions of effective competition in this sector, if it finds that there is a lack of effective competition and considers that the application of Articles 1, 2 and 5 to 10 of Law 3959/2011 is not sufficient to create conditions of effective competition.
The HCC shall, no later than 90 days after the commencement of the procedure, make public its reasoned opinion on the lack of conditions of effective competition in the specific sector of the national economy in question, specifying the relevant markets. The reasoned opinion will be openedto public consultation (first public consultation) for at least 30 days.
After the end of the first public consultation, if the HCC still holds that there are no conditions of effective competition in this sector of the economy, it announces specific measures which it considers absolutely necessary, appropriate and in accordance with the principle of proportionality, to create conditions of effective competition.
The views of the HCC regarding the proposed measures will then be opened again to public consultation (second public consultation) for at least 30 days.
The HCC after the end of the second public consultation and after taking into account its results, imposes, with its decision (in Plenary), the specific measures which it considers absolutely necessary, appropriate and in accordance with the principle of proportionality in order to create conditions of effective competition.
The HCC has already examined the press distribution sector and issued a relevant Opinion, according to Article 23 of Law 3959/2011. The Opinion was published on 14 January 2020 and identified concerns regarding the structure and organization of the sector. It also proposed a number of measures to the government.
Article 11 of Law 3959/2011 does not touch on the issues examined in the main case for the distribution of printed press (9356 / 03-11-2020 Report of the Rapporteur). The hearing of this case will take place on 10 February 2021.