On Friday, May 6, 2022, the Competition Commission proceeded, pursuant to Article 15 of Law 3959/2011, as in force, to assign to a competent Rapporteur the ex-officio research in the markets of wholesale and retail sale of telecommunication devices and teleconferencing and related equipment, and software, for possible violations of articles 1 of Law 3959/2011 and 101 TFEU through vertical anti-competitive partnerships between the manufacturer and its resellers.
It is recalled that for the purpose of the ex-officio investigation, the Directorate-General for Competition (GDA) carried out a surprise on-the-spot inspection on 11.6.2021 in companies active in the wholesale and retail markets of telecommunications and interconnection equipment and telecommunications anti-competitive practices in vertical agreements.
Legal framework
EA, custodian of the proper functioning of the free market, is responsible for the implementation of competition rules based on Law 3959/2011 and Articles 101/102 TFEU. Articles 1 of Law 3959/2011 and 101 TFEU prohibit partnerships between companies (agreements, decisions of associations or concerted practices) that have as object or effect the restriction of competition. Articles 2 of Law 3959/2011 and 102 TFEU prohibit the abusive exploitation of a dominant position.
Next steps
The assignment to a Rapporteur implies the start of the deadlines of par. 4 and 5 of article 15 of law 3959/2011, as in force, and does not prejudge the content of the proposal and / or the decision of the Competition Commission. The legal deadline (five and two months) is indicative and the examination time of each case depends, among other things, on its complexity, the volume of the administrative file, as well as the number and degree of cooperation of the audited companies.
Source: Capital
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