Executive Summary
With its Decision No. 760/2022, the Plenary Session of the Hellenic Competition Commission (HCC) imposed fines totaling EUR 1,167.381.61 on the following companies:
- “CLIMA CONTROL SA”;
- “HELIOAKMI SA”;
- “AHI CARRIER SE EUROPE”;
- “AMIRIDIS-SAVVIDIS SA” and “KALLIOPI KARIDA LIMITED PARTNERSHIP”;
- “IQ SOLAR IKE”;
- “G.E.DEMETRIOU SA”;
- “MAVIL SA”;
- “D. MAVROGENISSA”; and
- “G. EUROPE SA”,
for infringing Articles 1 of Greek Law 3959/2011 (the Greek Competition Act) and/ or 101 of the Treaty on the Functioning of the European Union (TFEU), on the Greek markets of cooling and heating systems/ appliances.
The above-mentioned companies are active in the supply of cooling and heating systems/ appliances (and in particular in the markets concerning respectively air conditioning systems, heating boilers and other heating appliances, as well as water heaters).
Procedure
In July 2017, the HCC’s Directorate-General for Competition launched an ex officio investigation in the Greek markets of cooling and heating systems/ appliances.by carrying out a series of investigative measures (including a number of dawn raids and requests for information).
The Statement of Objections (SO) was notified to the companies under investigation in March 2021. The hearing before the HCC Plenary took place in June and July 2021.
According to the SO, in light of the evidence collected in the course of dawn raids carried out by the HCC’s Directorate-General for Competition, as well as from other measures of inquiry, it was established that the above-mentioned companies (which act as wholesalers/ importers/ manufacturers in the broader sector of domestic heating and cooling systems and appliances) had adopted, at different intervals each during the period from 2011 until 2020, practices relating to online resale price maintenance (RPM) in the context of vertical agreements with their retailers.
The Decision of the HCC
By its Decision No 760/2022, the Plenary Session of the HCC unanimously decided, following the relevant SO, that in light of the evidence collected in the course of dawn raids carried out by the HCC’s Directorate-General for Competition, as well as from other measures of inquiry, it is established that the above-mentioned companies adopted, at different intervals each during the period from 2011 until 2020, practices relating to online resale price maintenance (RPM) in the context of vertical agreements with their retailers.
In light of the above findings, the HCC decided to impose fines to the above-mentioned companies. Furthermore, the HCC ordered the above companies to put an end to the above infringements, in so far as they continue, and to omit them in the future, and threatened the companies with a fine in case the HCC decides in the future that the above-mentioned infringements continue or are repeated.
In particular, the HCC imposed the following fines:
- with regard to the company “CLIMA CONTROL SA”, a fine totalling EUR 22.616,15 for an infringement of Article 1 of Law 3959/2011;
- with regard to the company “HELIOAKMI SA”, a fine totalling EUR 24.256,57 for an infringement of Article 1 of Law 3959/2011;
- with regard to the company “AHI CARRIER SA EURPE”, a fine totalling 67.909,03 for an infringement of Articles 1 of Law 3959/2011and 101 TFEU;
- with regard to the companies“AMIRIDIS-SAVVIDIS SA” and “KALLIOPI KARIDA LIMITED PARTNERSHIP”, a fine totalling 133.600,66 for an infringement of Articles 1 of Law 3959/2011 and 101 TFEU;
- with regard to the company “IQ SOLAR IKE”, a fine totalling EUR 32.459,87 for an infringement of Article 1 of Law 3959/2011;
- with regard to the company “G.E. DEMETRIOU SA”, a fine totalling EUR 509.275,85 for an infringement of Articles 1 of Law 3959/2011 and 101 TFEU;
- with regard to the company “MAVIL SA”, a fine totalling EUR 6.840,03 for an infringement of Article 1 of Law 3959/2011;
- with regard to the company “D. MAVROGENIS SA”, a fine totalling EUR 224.216,67 for an infringement of Articles 1 of Law 3959/2011 and 101 TFEU; and
- with regard to the company “F.G. EUROPE SA”, a fine totalling EUR 146.206,78 for an infringement of Articles 1 of Law 3959/2011 and 101 TFEU.
