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22.12.2024 | 🇬🇷 Greek competition authority
The Greek Competition Commission (EAC) has reached a unanimous decision regarding an investigation into potential anti-competitive practices in the land surveying services market, specifically concerning the establishment of a national land registry. The investigation focused on possible bid-rigging activities that violate Article 1 of Law 3959/2011 and Article 101 of the Treaty on the Functioning of the European Union (TFEU).
Launched in November 2021, the investigation involved on-site inspections of 26 companies operating in the land surveying sector. The EAC accepted settlement proposals from 18 of these companies, resulting in a total fine of €1,081,339.64. One company applied for leniency under the EAC's leniency program, which allows for exemption from fines.
The investigation revealed that some companies communicated during meetings and private discussions to agree on the allocation of 28 land surveying studies from a public tender issued on October 4, 2013. This horizontal collusion involved agreements on the distribution of studies and the designation of the lowest bidder for each study, effectively reducing competitive uncertainty.
This collusion was characterized by its continuous nature, spanning from September 2013 to December 2020. The EAC calculated the fines based on the highest multiplier previously applied in similar cases, but ultimately capped the fines at 10% of each company's total turnover from the year prior to the decision.
Under the EAC's decision, one company and an individual received full leniency from fines, while reduced penalties were applied to the other companies due to their participation in the settlement process, which resulted in a 15% reduction in fines.
The total fines imposed on the involved companies were detailed, with the highest fines levied against ADT (€219,456.65) and ΗΛΙΔΑ (€144,337.94). The EAC emphasized the importance of the leniency program, which offers significant advantages for companies involved in cartel-like agreements, including full or partial exemption from administrative fines and avoidance of exclusion from public tenders.
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