Τhe Hellenic Competition Commission (HCC) prioritised and assigned to a Commissioner-Rapporteur, pursuant to Article 15 of Law 3959/2011 (the Greek Competition Act), the case concerning the ex officio investigation into the markets for the import/production, wholesale and retail of pet food (dog and cat food) regarding possible anti-competitive vertical agreements  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 the context of this investigation, officials of the Directorate-General for Competition (DGC) conducted unannounced inspections (dawn raids) last November at the premises of importers and retailers active in the above markets (see Press Release “Unannounced inspections conducted by the HCC in the pet food sector” ) and realized other appropriate investigative measures.

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 an 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.