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Wednesday, 11 May 2022

Press Release – Case prioritisation and assignment to a Rapporteur

Subject: Case prioritisation and assignment to a Rapporteur – online wholesale and retail markets of telecommunications and teleconferencing equipment and related equipment, spare parts and software

On Friday, May 6, 2022, the Hellenic Competition Commission (HCC) assigned to a Commissioner-Rapporteur, pursuant to Article 15 of Law 3959/2011, the case concerning its in-depth investigation into the markets for telecommunications and teleconferencing equipment and related equipment, spare parts and software, regarding potential violations of the provisions of Article 1 of Greek Law 3959/2011 and Article 101 TFEU. The HCC’s ex officio investigation concerns anti-competitive vertical agreements between a manufacturer and its resellers.

In the contexts of this investigation, officials of the Directorate-General for Competition (DGC) conducted on 11.6.2021 unannounced inspections (dawn raids) at the premises of undertakings operating in the online wholesale and retail markets of telecommunications and teleconferencing equipment and related equipment, spare parts and software, regarding potential anti-competitive practices in the context of vertical agreements.

Legal framework

The HCC is responsible for enforcing Greek and EU antitrust rules in the Greek territory (Articles 1 and 2 of Greek Law 3959/2011 and Articles 101 and 102 TFEU). Article 1 of Law no. 3959/2011 and Article 101 of the TFEU prohibit anti-competitive agreements between undertakings (agreements, decisions of associations of undertakings or concerted practices) that have as their object or effect the restriction of competition. Article 2 of Law no. 3959/2011 and Article 102 of the TFEU prohibit the abuse of a dominant position.

The assignment of a case to a Rapporteur triggers the time-limits of Article 15 par. 4 and 5 of Law 3959/2011 and does not prejudge the content of the Statement of Objections or the HCC’s Decision. The statutory time-limit (seven months in total) is only indicative, and the duration of the antitrust investigation depends, inter alia, on its complexity, on the size of the administrative file as well as on the number and degree of cooperation of the investigated undertakings.