Competition Authority: Fines of 1,167,381.61 euros to 9 companies of cooling and heating equipment

By its decision, the Plenary Session of the Competition Commission decided to impose fines totaling 1,167,381.61 euros on the companies:

“CLIMA CONTROL HEATING AND AIR-CONDITIONING SYSTEMS COMMERCIAL COMPANY ANONYMOUS”;
“HIOAKMI ANONYMOUS INDUSTRIAL TRADING COMPANY OF SOLAR HEATERS”;
“AHI CARRIER OF SOUTH-EAST EUROPEAN AIR CONDITIONING LIMITED COMPANY”;
“AMORIDIS-SABVIDIS THERMANSI KLIMATISMOS ANONYMOUS COMMERCIAL COMPANY and KALLIOPI KARYDA & CO. HETERORATED COMPANY”;
“IQ SOLAR SOLE INDIVIDUAL PRIVATE EQUITY COMPANY”;
“G.E. DIMITRIOU COMMERCIAL COMPANY”;
“MACEDONIKI BOILER INDUSTRY S.A.V.E.”;
“D. MAVROGENIS AIR CONDITIONING SYSTEMS COMPANY”; and
“FG EUROPE ELECTRICAL AND ELECTRONIC EQUIPMENT COMMERCIAL INDUSTRIAL COMPANY ANONYMOUS”,
for violations of the provisions of articles 1 of Law 3959/2011 and/ and 101 of the Treaty on the Functioning of the European Union (TFEU), in the wider market of cooling and heating systems and items in Greece (and in particular in the markets concerning the marketing air conditioning systems, heating boilers and other types of heating, as well as water heaters respectively) after a relevant ex officio investigation by the General Directorate of Competition (GDA) in the above market

Procedure

In June 2017, the GDA launched an ex officio investigation into the wider market of cooling and heating systems and items in Greece, carrying out a series of research measures (on-site inspections, questionnaires, etc.).

The relevant Recommendation was communicated to the audited companies in March 2021. The hearing before the EA Plenary took place in June and July 2021.

According to the Recommendation, from the data collected from on-site inspections and other investigation measures of the Service, it was established that the above companies (which are active, as the case may be, as importers/manufacturers/wholesalers in the wider sector of cooling and heating systems and items ) had each adopted, at different intervals during the period 2011 to 2020, online retail price fixing practices in the context of vertical agreements with their retailers.

The decision of the EA

With the under no. 760/2021 of its decision, the Plenary of the EA unanimously decided, following the relevant Recommendation, that, from the data collected from on-site inspections and other research measures, it is proven that the above companies have adopted, at different time intervals, each according to in the period 2011 to 2020, online retail price-fixing practices, in the context of vertical agreements with their retailers.

In the light of these findings, the EA imposed fines on the companies in question, obliged them to cease the violations found, to the extent that they continue and to refrain from them in the future, and threatened them with a fine if a decision of the EA confirms the continuation or repetition of offences.

Specifically, the EA imposed the following fines:

to the company “CLIMA CONTROL ANONYMI EMPORIKI ETERIA SISTIMATON TERMASIS AND AIR-CONDITIONING”, a fine of a total amount of twenty-two thousand six hundred and sixteen euros and fifteen cents (€ 22,616.15), for violation of article 1 of Law 3959/2011;
to the company “HILIOAKMI ANONYMI VIOMICHANIKI EPORIKI ATEIREIA SOLAR HEATERS” a fine of a total amount of twenty-four thousand two hundred and fifty-six euros and 57 cents (€ 24,256.57), for violation of article 1 of Law 3959/2011;
to the company “AHI CARRIER SOUTHEAST EUROPE AIR-CONDITIONING COMPANY” a fine of a total amount of sixty-seven thousand nine hundred and nine euros and three cents (€ 67,909.03), for violation of articles 1 of Law 3959/2011 and 101 of the TFEU;
to the company “AMORIDIS-SAVVIDIS THERMANSI CLIMATISMOS ANONIMI EMPORIKI ETERIA and KALLIOPI KARYDA & SIA HETERORRHYTHMI ETERIA” a fine of a total amount of one hundred and thirty-three thousand six hundred euros and sixty-six cents (€ 133,600.66), for violation of articles 1 of Law 3959/2011 and 101 FSUE;
to the company “IQ SOLAR SINGLE INDIVIDUAL PRIVATE CAPITAL COMPANY” a fine of a total amount of thirty-two thousand four hundred and fifty-nine euros and eighty-seven cents (€ 32,459.87), for violation of article 1 of Law 3959/2011;
to the company “G.E. DIMITRIOU ANONYMOS EMPORIKI ETERIA” a fine of a total amount of five hundred nine thousand two hundred seventy-five euros and eighty-five cents (€ 509,275.85), for violation of articles 1 of Law 3959/2011 and 101 of the TFEU;
in the company “MACEDONIKI VIOMICHANIA LEVITON A.V.E.” a fine of a total amount of six thousand eight hundred and forty euros and three cents (€ 6,840.03), for violation of article 1 of Law 3959/2011;
to the company “D. MAVROGENIS ANONYMI ETAIREIA SISTIMATON KLIMATISMOU” a fine of a total amount of two hundred twenty four thousand two hundred sixteen euros and sixty seven cents (€ 224,216.67), for violation of articles 1 of Law 3959/2011 and 101 of the TFEU; and
to the company “FG EUROPEANONYMI COMMERCIAL INDUSTRIAL COMPANY OF ELECTRICAL AND ELECTRONIC DEVICES” a fine of a total amount of one hundred and forty-six thousand two hundred and six euros and seventy-eight cents (€ 146,206.78), for violation of articles 1 of Law 3959/2011 and 101 of the Civil Code.