The Plenary of the Hellenic Competition Commission (HCC) convened on May 10th, 2021, to examine, based on the relevant Statement of Objections (SO) by the Rapporteur, pursuant to Article 25(6) of Law 3959/2011[1], the request of DEPA COMMERCIAL S.A. for review of the Commitments undertaken by the company under HCC Decision No. 551/VII/2012, as amended by Decisions No. 589/2014, 596/2014, 618/2015, 631/2016, 651/2017 and 723/2020.
In the light of all the case-file evidence and the positive opinion of the Regulatory Authority for Energy (RAE), the HCC unanimously decided, under its decision No 737/2021, the following:
- There has been a substantial change in the circumstances on which HCC Decision No. 551/VII/2012, as amended and applicable, was based regarding the Commitments undertaken by DEPA COMMERCIAL S.A. and
- The acceptance of the request of DEPA COMMERCIAL S.A. for its exemption from each one of the Commitments No 1, 2, 4, 5, 6 and 7 adopted by HCC Decision No. 551/VII/2012[2].
[1] «The HCC may, at the request of any interested party or of its own motion, reopen the proceedings where there has been a substantial change in the facts on which the decision was based, or if the undertakings concerned have failed to fulfill their commitments, or the decision was based on incomplete, inaccurate or misleading information from the undertakings concerned ". See also in this respect Article 9 par. 2 of Regulation 1/2003.
[2] For Commitment No 3 of Decision No 551/VII/2012 of HCC, see HCC Decision No 723/2020 here.