Competition law in Greece / editor: Dimitris Tzouganatos ; contributors: Dimitris Tzouganatos, George Dellis, Effie J. Kinini, Dimitrios-Panagiotis L. Tzakas, Nikos Kosmidis ; with the cooperation of Dimitrios Christodoulou, Emmanuel Varsos.
2015
KKE3242 .T96 2015 (Map It)
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Title
Competition law in Greece / editor: Dimitris Tzouganatos ; contributors: Dimitris Tzouganatos, George Dellis, Effie J. Kinini, Dimitrios-Panagiotis L. Tzakas, Nikos Kosmidis ; with the cooperation of Dimitrios Christodoulou, Emmanuel Varsos.
Uniform Title
International encyclopaedia of laws. Competition law.
Published
Alphen aan den Rijn, the Netherlands : Kluwer Law International, [2015]
Call Number
KKE3242 .T96 2015
Former Call Number
Gr 650 T99 2015
ISBN
9789041160751 (paperback)
9041160752 (paperback)
9041160752 (paperback)
Description
308 pages ; 24 cm
System Control No.
(OCoLC)917371794
Summary
Derived from the renowned multi-volume 'International Encyclopaedia of Laws', this practical analysis of competition law and its interpretation in Greece covers every aspect of the subject – the various forms of restrictive agreements and abuse of dominance prohibited by law and the rules on merger control; tests of illegality; filing obligations; administrative investigation and enforcement procedures; civil remedies and criminal penalties; and raising challenges to administrative decisions. Lawyers who handle transnational commercial transactions will appreciate the explanation of fundamental differences in procedure from one legal system to another, as well as the international aspects of competition law.0Throughout the book, the treatment emphasizes enforcement, with relevant cases analysed where appropriate. An informative introductory chapter provides detailed information on the economic, legal, and historical background, including national and international sources, scope of application, an overview of substantive provisions and main notions, and a comprehensive description of the enforcement system including private enforcement. The book proceeds to a detailed analysis of substantive prohibitions, including cartels and other horizontal agreements, vertical restraints, the various types of abusive conduct by the dominant firms and the appraisal of concentrations, and then goes on to the administrative enforcement of competition law, with a focus on the antitrust authorities’ powers of investigation and the right of defence of suspected companies. This part also covers voluntary merger notifications and clearance decisions, as well as a description of the judicial review of administrative decisions.
Note
"This book was originally published as a monograph in the International encyclopaedia of laws/Competition law."
Derived from the renowned multi-volume 'International Encyclopaedia of Laws', this practical analysis of competition law and its interpretation in Greece covers every aspect of the subject – the various forms of restrictive agreements and abuse of dominance prohibited by law and the rules on merger control; tests of illegality; filing obligations; administrative investigation and enforcement procedures; civil remedies and criminal penalties; and raising challenges to administrative decisions. Lawyers who handle transnational commercial transactions will appreciate the explanation of fundamental differences in procedure from one legal system to another, as well as the international aspects of competition law.0Throughout the book, the treatment emphasizes enforcement, with relevant cases analysed where appropriate. An informative introductory chapter provides detailed information on the economic, legal, and historical background, including national and international sources, scope of application, an overview of substantive provisions and main notions, and a comprehensive description of the enforcement system including private enforcement. The book proceeds to a detailed analysis of substantive prohibitions, including cartels and other horizontal agreements, vertical restraints, the various types of abusive conduct by the dominant firms and the appraisal of concentrations, and then goes on to the administrative enforcement of competition law, with a focus on the antitrust authorities’ powers of investigation and the right of defence of suspected companies. This part also covers voluntary merger notifications and clearance decisions, as well as a description of the judicial review of administrative decisions.
Derived from the renowned multi-volume 'International Encyclopaedia of Laws', this practical analysis of competition law and its interpretation in Greece covers every aspect of the subject – the various forms of restrictive agreements and abuse of dominance prohibited by law and the rules on merger control; tests of illegality; filing obligations; administrative investigation and enforcement procedures; civil remedies and criminal penalties; and raising challenges to administrative decisions. Lawyers who handle transnational commercial transactions will appreciate the explanation of fundamental differences in procedure from one legal system to another, as well as the international aspects of competition law.0Throughout the book, the treatment emphasizes enforcement, with relevant cases analysed where appropriate. An informative introductory chapter provides detailed information on the economic, legal, and historical background, including national and international sources, scope of application, an overview of substantive provisions and main notions, and a comprehensive description of the enforcement system including private enforcement. The book proceeds to a detailed analysis of substantive prohibitions, including cartels and other horizontal agreements, vertical restraints, the various types of abusive conduct by the dominant firms and the appraisal of concentrations, and then goes on to the administrative enforcement of competition law, with a focus on the antitrust authorities’ powers of investigation and the right of defence of suspected companies. This part also covers voluntary merger notifications and clearance decisions, as well as a description of the judicial review of administrative decisions.
Bibliography, etc. Note
Includes bibliographical references (pages 287-304) and index.
Record Appears in
Table of Contents
The Authors
3
List of Abbreviations
17
General Introduction
19
1.
Background Of The Country [—] Economic System
19
I.
Introduction
19
II.
Geography and Climate
20
III.
Population and Administration
20
IV.
Politics
21
V.
Political Parties
21
VI.
Education
21
VII.
Economy
22
VIII.
The 2010 Debt Crisis
25
2.
Legal System
26
I.
The Rule of Law
26
II.
The Civil Law Tradition
26
III.
Private Law and Public Law
27
IV.
Judicial Organization
27
A.
Civil and Criminal Courts
27
B.
Administrative Courts
28
V.
The Greek Civil Code
28
VI.
Commercial Law
29
VII.
Commercial and Civil Law: Reciprocal Influence
30
VIII.
Cogent Rules, Contractual Justice and Public Policy in the Regulation of Commerce
30
3.
Historical Background Of The Greek Competition Law
31
I.
Introduction
31
II.
From 1979 to 1995: The Years Devoted Mainly to the Examination of Vertical Agreements
32
III.
The Period from 1995 to 2000: The Negative Impact of the Merger Control Provisions
34
IV.
The Competition Commission amidst Upgrading Initiatives and Legislative Back-and-Forth (2000-2011)
35
Part I. An Overview on the Sources, Structure, Scope of Application and Enforcement of the Greek Competition Law
37
ch. 1
Sources of the Greek Competition Law
37
1.
International Sources
37
I.
The General Clauses of the 114EU
37
II.
Secondary EU Law
37
III.
The EU Commission Guidelines and Administrative Practice
37
2.
National Sources
38
I.
Constitutional Law
38
II.
Act 3959/2011
38
III.
Secondary Sources
39
A.
Regulations
39
B.
Guidelines
39
3.
Role And Authority Of Precedents
40
4.
Sources' Relation And Hierarchy
40
ch. 2
Scope of Application
41
1.
Territorial Reach
41
2.
Special Sectors
43
I.
Telecommunication Services
43
II.
Insurance Services
43
III.
Postal Services
44
IV.
Energy Sector
45
V.
The Press and Mass Media Sector
45
3.
State Owned Enterprises And Public Utilities
48
4.
Appreciable Effect And De Minimis
50
I.
The Inter-State Clause
50
A.
General Remarks
50
B.
The Case Law of the Hellenic Courts
52
II.
The De Minimis Rule
53
ch. 3
Overview of Substantive Provisions
58
1.
Restrictive Agreements
58
2.
Dominant Undertakings
59
3.
Concentrations
59
4.
Other Prohibitions
60
5.
Tests Of Illegality (Applying To Entrepreneurial Behaviour And Mergers)
60
I.
Per Se prohibitions and Naked Restraints
60
II.
Merger Tests
64
ch. 4
Overview of Main Notions
65
1.
Undertakings
65
I.
Undertaking
65
II.
Association of Undertakings
66
2.
Relevant Market
69
I.
Relevant Product Market
69
A.
General Remarks
69
B.
HCC Decisional Practice
70
II.
Relevant Geographic Market
75
A.
General Remarks
75
B.
HCC Decisional Practice
76
3.
Market Power And Market Dominance
78
4.
Agreements And Concerted Practices
80
I.
Agreements
80
II.
Concerted Practices
81
III.
Decisions of Associations
84
5.
Restriction Of Competition
86
6.
Monopolization And Abuse Of Dominance
87
7.
Concentrations
90
I.
Mergers
91
II.
Acquisition of Control
92
A.
The Concept of Control [—] Object of Control
92
B.
Acquisition of Sole Control
94
C.
Joint Control
95
III.
Changes in the Quality of Control
96
8.
Joint Ventures
96
ch. 5
Consequences Of Violations And Enforcement Institutions
97
1.
Administrative Enforcement
97
I.
The Antitrust Authority [—] Organization of the HCC
97
A.
Formation, Composition
97
B.
Investigating Powers
99
C.
Adjudicating Powers (Ascertaining and Sanctioning)
100
D.
Other Institutional Tasks (Consultancy to Parliament/Government)
101
II.
Government Direct Enforcement Activities
102
III.
Other Administrative Agencies Applying Antitrust Rules
102
IV.
Administrative Fines
103
A.
Legislative Provisions
103
1.
Criteria for Fixing the Fines
105
2.
Safeguards
106
3.
Statute of Limitations
107
4.
Precedents
108
V.
Administrative Injunctions and Other Restrictive Orders
109
VI.
Interim Measures
111
VII.
Leniency
112
A.
General Remarks
112
B.
Conditions for Immunity (Section III Decision No 526NI/2011)
113
C.
Conditions for the Reduction of Fines (Section IV Decision No 526/VI/2011)
114
D.
Common Requirements for Granting Leniency (Section V Decision No 526NI/2011)
115
E.
Procedural Issues
116
2.
Civil Enforcement
118
I.
Competent Civil Courts
118
II.
Sanctions
120
A.
Nullity
120
B.
Damages
122
C.
Obligation to Enter into a Contract
125
D.
Interim Measures
127
E.
Collective Redress
128
III.
Procedure
129
3.
Criminal Enforcement
130
I.
Criminal Sanctions for Antitrust Violations
130
II.
Other Application of Criminal Law to Relevant Conducts
131
III.
Role of Prosecutors
132
IV.
Competent Criminal Courts
132
Part II. The Application of the Prohibitions
135
ch. 1
Restrictive Agreements
135
1.
Horizontal Agreements
135
I.
Cartels
135
A.
Introduction
135
B.
Price Fixing
136
C.
Market/Client Allocation
141
D.
Group Boycott
142
E.
Collusion on Other Objects
143
F.
Crisis Cartels
144
II.
Information Exchange Practices
145
III.
Cooperation Agreements
147
A.
Research and Development
147
B.
Specialization, Standardization, Joint production and Purchasing Agreements
148
2.
Vertical Agreements
148
I.
Distribution
148
A.
Introduction
148
1.
General Remarks
148
2.
Parallel Imports
152
a.
General Remarks
152
b.
Parallel Trade in Pharmaceuticals
154
3.
Resale of Motor Vehicles and Spare Parts
155
a.
General Remarks
155
b.
Market Definition
156
c.
Case Law Relating to the Motor Vehicles Sector
157
B.
The Prohibition against Resale Price Maintenance
162
C.
Exclusive Distributorship
165
1.
General Remarks
165
2.
HCC Decisional Practice
167
3.
Agency Agreements
167
a.
General Remarks
167
b.
HCC Decisional Practice
168
4.
Internet Sales
169
D.
Exclusive Dealing
169
1.
Non-compete Clauses /Single Branding
169
2.
Exclusive Purchasing
171
a.
General Remarks
171
b.
HCC Decisional Practice
171
E.
Selective Distribution
173
1.
General Remarks
173
2.
Case Law before the Entry into Force of Regulation 2790/1999
176
3.
Case Law after the Entry into Force of Regulation 2790/1999
180
F.
Franchising
183
1.
General Remarks
183
2.
HCC Decisional Practice
184
II.
Technology Licensing
190
A.
Patent and Trademark Licensing
190
B.
Know-How and Trade Secret Licensing
190
ch. 2
Dominant Undertakings' Prohibited Practices
193
1.
Exploitative Practices
193
I.
Excessive/Unfair Pricing
193
II.
Discrimination
199
III.
Other Unfair Trading Conditions
202
2.
Exclusionary Practices
205
I.
Predation
205
II.
Tying/Bundling
206
A.
General Remarks
206
B.
Applications
207
III.
Rebates
208
A.
Fidelity Rebates
208
B.
Target Rebates
209
1.
General Remarks
209
2.
HCC Decisional Practice
211
C.
Rebates for Placing More and/or Larger Fixed Assets
213
D.
Rebates Given for Excessive Commitment of Shelf Space
214
IV.
Refusal to Deal
214
A.
General Remarks
214
B.
Applications
216
V.
Price Squeeze
220
VI.
Other Exclusionary Practices
221
A.
Exclusivity
221
B.
Selective Price Cuts
223
C.
Replacement [—] Removal of Competitive Products and Fixed Assets
227
D.
Discriminatory Practices
227
ch. 3
Concentrations
229
1.
Horizontal Mergers
229
I.
Single Dominance
229
II.
Collective Dominance
232
III.
The Failing Firm Defence
234
IV.
Spillover Effects
235
V.
Ancillary Restraints
235
2.
Vertical Mergers
236
3.
Market/Product Extension Mergers
237
4.
Conglomerate Mergers
238
5.
Joint Ventures
239
Part III. Administrative Procedure
241
ch. 1
Administrative Investigations before the Antitrust Authority
241
1.
Initiative
241
I.
General Sectors Inquiries
241
II.
Ex Officio Investigations
241
III.
Complaints
242
2.
Powers
242
I.
Requests for Information
242
II.
Investigating and Search Powers
243
III.
Cooperation with Other State Institutions
245
3.
Right Of Defence
245
I.
Content and Notification of Opening Decisions
247
II.
The Proceedings: Hearings, Access to File, Briefs
247
III.
Statement of Objections
248
IV.
Final Hearing and Decision
248
ch. 2
Notifications and Clearance Decisions/Merger Control
250
1.
Preliminary Filing Obligations
250
I.
Criteria and Thresholds
250
A.
Thresholds
250
B.
Undertakings Concerned
251
1.
Acquisition of Sole Control of the Whole and of Parts of an Undertaking
251
2.
Move from Joint to Sole Control
251
3.
Acquisition of Joint Control
252
4.
Acquisition of Control by a JV
252
5.
Acquisition by Natural Persons
253
II.
Turnover Calculation
253
A.
Amounts Derived from Ordinary Activities
253
B.
Geographic Allocation of Turnover
255
C.
Banks, Other Financial Institutions and Insurance Undertakings
255
III.
Market Share Calculation
256
IV.
Other Relevant Notions
257
A.
Triggering Event
257
B.
Obligation to Notify
258
C.
Complete Notification
261
D.
Pre-notification Contracts
263
E.
Suspension Obligation
263
2.
Structure Of Proceedings
265
I.
Preliminary Assessment and Full Investigation
265
II.
Time Framework
266
A.
Phase I
266
B.
Phase II
267
III.
Right of Defence
268
A.
General Remarks
268
B.
Rights of Third Parties
268
3.
Clearance And Conditional Clearance
269
I.
Conditions and Undertakings
270
A.
General Remarks. The SIEC Test
270
B.
Content
271
C.
Timing
274
4.
Relations With Other Merger Control Authorities
274
ch. 3
Challenging of the Administrative Decision
276
1.
Competent Courts
276
I.
Administrative Appeals
276
A.
Direct Judicial Challenge of HCC Regulatory Acts
276
B.
Recourse against HCC Individual Acts
276
1.
Main Proceedings
276
2.
Interim Relief
277
C.
Final Appeal [—] Proceedings in Cassation
278
II.
Civil and Criminal Cases
279
2.
Time Limits
279
I.
Administrative Appeals
279
A.
Direct Judicial Challenge of HCC Regulatory Acts
279
B.
Recourse against HCC Individual Acts
279
C.
Final Appeal [—] Proceedings in Cassation
279
II.
Civil Enforcement
279
III.
Criminal Enforcement
280
3.
Scope Of Judicial Review
281
I.
Administrative Appeals
281
A.
Direct Judicial Challenge of HCC Regulatory Acts
281
B.
Recourse against HCC Individual Acts
281
1.
General Scope of Review
281
2.
Particularly in Concentration Cases
283
3.
Final Appeal [—] Proceedings in Cassation
285
II.
Civil and Criminal Enforcement
285
Selected Bibliography
287
Index
305