By its unanimous Decision no 832/2023, adopted in plenary, in the context of the Settlement Procedure laid down in Article 29A of Law 3959/2011 and according to its Decision no 790/2022, the Hellenic Competition Commission (HCC) accepted the settlement proposal submitted by the undertaking “Pyramis Metallourgia S.A.’’, following the relevant Statement of Objections, and imposed a reduced fine amounting to €278.648 for the infringement of Articles 1 of Law 3959/2011 and 101 TFEU, as established according to the grounds of the Decision.
The case in principle concerned the import, wholesale and retail markets of large/white domestic electrical appliances. The above-mentioned undertaking involved in the infringement, for which sufficient evidence was collected to establish an infringement of Article 1 of Law 3959/2011 and 101 TFEU in the context of a vertical agreement, expressed in writing itsinterest in examining the possibility of its placement under the Settlement Procedure and submitted a relevant request, in accordance with para. 16 of HCC Decision No. 790/2020 on the Settlement Procedure.
According to the grounds of the Decision, the evidence available shows that the above mentioned undertaking infringed Articles 1 of Law 3959/2011 and 101 TFEU – by imposing minimum advertised prices, which constitute an indirect form of resale price maintenance, to which retail stores complied with regard to advertised prices on online price-comparison channels. The ensuing infringement of Αrticles 1 (1) of Law 3959/2011 and 101 (1) TFEU lasted from 03.05.2018 to 06.09.2022. Furthermore, it is noted that such vertical agreements constitute by object restrictions of competition.
By virtue of para. 35 of its Decision no. 790/2020, the Plenary of the HCC accepted the Settlement Proposal submitted by the above-mentioned undertaking, according to the reasoning of the Statement of Objections, and decided as follows:
Finds that the undertaking under the name “Pyramis Metallourgia S.A.’’ infringed Articles 1 of Law 3959/2011 and 101 TFEU due to its participation in prohibited vertical agreements through the practices outlined in the Statement of Objections, in the context of the Settlement Procedure.
Orders the above-mentioned undertaking to cease, if it has not already done so, and refrain in the future from the infringements of Articles 1 of Law 3959/2011 and 101 TFEU found.
Imposes on the undertaking the above-mentioned fine for committing the established infringement of Articles 1 of Law 3959/2011 and 101 TFEU.
