The Hellenic Competition Commission (HCC) conducted unannounced inspections on March 5th and 6th at undertakings and associations of undertakings, active in the maritime transport sector and specifically in the sector for the maritime transport services for passengers, vehicles and trucks. The dawn raids were conducted in relation to potential anticompetitive horizontal agreements/concerted practices and/or decision of an association of undertakings, as well as in relation to a possible invitation to collude and announcement of future pricing intentions, in breach of Articles 1 of Law 3959/2011 and 101 of the Treaty on the Functioning of the European Union (TFEU) and Article 1A of L. 3959/2011 respectively.
Maritime transport services are an important sector of the Greek economy and the link between mainland Greece and its island network. These services connect 115 islands, which are home to 14.6% of the country's population. Of these islands, only 25 have an airport, while 85% of the islands' freight needs and all their supplies are covered by ferries[1].
It is noted that unannounced inspections at the premises of undertakings or associations of undertakings 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, nor does it 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 an 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 points out that, within the framework of its responsibilities, it will intervene as an immediate priority where necessary, and will examine any relevant case that comes to its notice, upon submission of a complaint, application for leniency or anonymous information through the secure digital environment (whistleblowing) and will impose severe administrative sanctions on companies that apply anti-competitive practices, pursuant to the provisions of law 3959/2011 and the articles 101/102 TFEU.
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,
- Immunity from any kind of administrative sanctions
In addition, the undertakings are not barred from public tenders or concession contracts.
For more information on the HCC’s leniency program, please visit: https://www.epant.gr/en/legislation/leniency-programme.html or call +30 210 88 09 100.
Further information on the HCC’s whistleblower tool is available on the HCC’s website, at: https://www.epant.gr/en/enimerosi/whistleblowing-system-for-citizens-business.html
[1] Figures based on https://xrtc.gr/industry-reports/ (August 2024)