On Thursday, July 18, 2024, the Hellenic Competition Commission decided to prioritize and assign to a Commissioner-Rapporteur, pursuant to Article 15 of Law 3959/2011 (the “Competition Act”), the ex officio investigation in the markets of supply, wholesale and retail trade of cereal, milk, coffee, jam, beverages and cheese regarding possible anticompetitive practices in the context of horizontal and / or vertical restraints, in order to determine whether the conditions for applying the provisions of Article 1 of Law  3959/2011, as in force, and Article 101 of the Treaty on the Functioning of the European Union (TFEU) are met, in particular in relation to its part related to possible vertical restraints in the market for the supply, wholesale and retail trade of breakfast cereal.

In the context of the ex-officio investigation, the Directorate-General of Competition (DGC) carried out an on-site inspection (dawn raid) on 9.9.2021 at the premises of undertakings active in the above markets (importers / distributors) and retailers / super markets at national level.

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.