On Thursday, August 3, 2023, the Hellenic Competition Commission decided to prioritise and assign to a Commissioner-Rapporteur, pursuant to Article 15 of Law no. 3959/2011 (the “Competition Act”), the in-depth investigation of certain practices in the markets for the production and supply of pharmaceutical products for the treatment of eye diseases, that may infringe Article 2 of Law 3959/2011, on "Protection of free competition" as well as Article 102 of the Treaty for the Functioning of the European Union (TFEU).

For the purpose of the ex-officio investigation, the General Directorate of Competition conducted a dawn raid (October 2021) and carried out numerous investigative measures to doctors, clinics, hospitals and in private and public institutions and services throughout the Greek Territory.

Legal framework

The HCC is responsible for enforcing Greek and EU antitrust rules in the Greek territory (Articles 1, 1A and 2 of the Competition Act and Articles 101 and 102 TFEU).

Articles 1 of the Competition Act and 101 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 1A of Law no. 3959/2011 prohibits unilateral practices that constitute invitation to collude or future price announcements to competitors

Articles 2 of the Competition Act and 102 TFEU prohibit the abuse of a dominant position.

Next steps

The assignment of a case to a Rapporteur indicates that the HCC’s investigation is at an advanced stage, and it triggers the time limits of Article 15 par. 4 and 5 of Law 3959/2011 for the adoption of a decision.  However, it does not prejudge the content of the Statement of Objections or the HCC’s Decision.  The statutory time limit is indicative, the duration of the antitrust investigation depends, inter alia, on its complexity, the size of the case file as well as the number and degree of cooperation of the undertakings involved.