Today, officials of the Hellenic Competition Commission (“HCC”) carried out unannounced inspections at the premises of a large number of companies.  The dawn raids were carried out in the context of the HCC’s ex officio investigation into possible bid rigging of public tenders concerning smart water meter systems for local water supply networks, in violation of Articles 1 of Law 3959/2011 and 101 of the Treaty for the Functioning of the European Union.

Water meters are used to measure water consumption.  Smart water metering systems use advanced wireless data transmission technologies and enable the monitoring of water consumption with a high degree of reliability.

Unannounced inspections are a preliminary step in an investigation into suspected anticompetitive practices.  The fact that the HCC has carried out inspections does not mean that the inspected undertakings have engaged in anti-competitive behavior or prejudge the outcome of the investigation itself.

Legal Framework

The HCC enforces Greek and EU antitrust rules in the Greek territory (Articles 1, 1A 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 anticompetitive agreements and decisions of associations of undertakings that prevent, restrict or distort competition.
• Article 1A of Law no. 3959/2011 prohibits unilateral practices that constitute invitation to collude or future price announcements to competitors.
• Article 2 of Law no. 3959/2011 and Article 102 of the TFEU prohibit the abuse of a dominant position.

The HCC investigates any suspected infringement of Greek and EU antitrust laws which is brought to its attention through complaints, applications for leniency, or other sources of information, including its whistleblower platform.  The HCC imposes severe administrative sanctions on undertakings that are found to have engaged in such anti-competitive practices.

The HCC’s leniency program

An undertaking's participation in a cartel, i.e. a secret agreement among competitors to restrict competition by inter alia fixing prices or production, allocating customers or market shares, or rigging bids, may lead to significant fines from the HCC, criminal sanctions, and its elimination from public tenders and concession contracts for three (3) years from the issuance of the HCC’s decision.

The HCC’s leniency program has significant advantages for undertakings, associations of undertakings and natural persons involved in cartels, as it offers:

• Immunity from fines or reductions in administrative fines
• Immunity from, or reductions in, criminal fines, and
• Immunity from any kind of administrative sanctions.
• In addition, the undertakings are not barred from public tenders or concession contracts.

To learn more about HCC’s leniency program visit https://www.epant.gr/nomothesia/nomothesia-antagonismou/programma-epieikias.html or call +30 210 88 09 100.  

Further information on the HCC’s whistleblower tool is available on the HCC’s website.