The Hellenic Competition Commission (HCC) conducted unannounced inspections (dawn raids) on July 22nd and 23rd at the premises of undertakings operating in the maritime transport sector, particularly for passengers, private vehicles and trucks. These inspections were conducted as part of the HCC’s ex officio investigations into possible anti-competitive horizontal agreements between competitors mainly aimed at market sharing and price fixing as well as at an abuse of a dominant position by an undertaking active in the particular sector through abusive pricing and other anti-competitive practices, in breach of Articles 1 and 2 of Law 3959/2011 (Greek Competition Act) and 101/102 of the Treaty on the Functioning of the European Union (TFEU), respectively.

It is noted that unannounced inspections take place at undertakings where evidence of anticompetitive practices in the markets concerned may be collected and they do not mean that the inspected undertakings have engaged in anti-competitive behavior, nor do they prejudge the outcome of the investigation itself.

Maritime transport services are an important sector of the Greek economy and the link between mainland Greece and its island network.

The HCC’s ex officio investigations focus on the conduct of companies that may distort competition, resulting in higher prices and lower service quality for travelers.  In parallel, as part of its comprehensive assessment of the intensity and quality of competition in the critical coastal shipping sector, the HCC is conducting a relevant sector inquiry. The HCC’s Interim Report and the public consultation that followed ascertain the need to reassess the regulatory framework and modernise the coastal shipping fleet and port infrastructure, with the aim of enhancing competition and striking the necessary balance between market participants’ economic viability and the broader public interest.

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