By its Decision no 808/2023, adopted on 22 February 2022, the Hellenic Competition Commission (HCC), in Chamber, unanimously approved, pursuant to Articles 5 to 10 of Law 3959/2011, the notified concentration concerning the acquisition by the company under the name “MOTOR OIL (HELLAS) CORINTH REFINERY S.A.” (hereinafter referred to as “MOH”) of sole control over the company under the name “THALIS ENVIRONMENTAL SERVICES S.A.” (hereinafter referred to as “THALIS”), within the meaning of article 5(2)(b) of Law 3959/2011.
The relevant markets in which THALIS operates concern the waste management sector and the electricity sector. In particular, as regards the waste management sector, the individual relevant markets in which THALIS operates are a) the market for the provision of non-hazardous solid waste management services, b) the market for the provision of non-hazardous liquid waste management services and c) the market for the construction of waste management facilities. In addition, with regard to the electricity sector, the individual relevant markets in which THALIS operates are a) the market for the construction of electricity generation plants and b) the electricity generation and wholesale supply market. The only market in which both parties are active is the electricity generation and wholesale supply market. Regarding the definition of the relevant product market in this case, the HCC considers that it also comprises the electricity supply market at the retail level, in which only the MOH group is active, but it is vertically linked to the electricity generation and supply market at the wholesale level, in which both parties are active.
In this concentration, there are no affected markets at a horizontal and/or vertical level as the criteria relating to a) the activity of at least two (2) of the participating companies and the 15% aggregate market share threshold (as regards horizontal markets) or b) the activity of at least one of the participating companies and the 25% aggregate market share threshold (as regards vertical markets) are not cumulatively met in any of the relevant markets concerned.
The Hellenic Competition Commission, in Chamber, unanimously approved, under article 8(3) of Law 3959/2011, the notified concentration concerning the acquisition by the company under the name “MOTOR OIL (HELLAS) CORINTH REFINERY S.A.” (hereinafter referred to as “MOH”) of sole control over the company under the name “THALIS ENVIRONMENTAL SERVICES S.A.” (hereinafter referred to as “THALIS”), within the meaning of article 5(2)(b) of Law 3959/2011 as, although falling within the scope of article 6(1) of the Greek Law 3959/2011, it does not raise serious concerns as to its compatibility with competition rules in the individual markets concerned.
