Competition Dept.: Update on the Dispute Settlement Process

The Competition Commission updated the Dispute Settlement Procedure and the Leniency Program.

In particular, as noted in a relevant announcement, the Commission following the amendment of Law 3959/2011 (with Law 4886/2022) with the no. 791/2022 its unanimous decision, proceeded to update and complete the terms and conditions of a) exemption or reduction of the fines imposed on businesses and natural persons that contribute to the investigation of horizontal collusions of article 1 of the same law or article 101 of SLEE [“Πρόγραμμα Επιείκειας”] and b) conducting the Dispute Resolution Process [“ΔΔΔ”].

The provision of Law 3959/2011 (par. 8, Article 25) before its amendment by Law 4886/2022 and the leniency program, as provided for in decision 526/VI/2011 of the EA, already covers horizontal collusions in violation of Article 1 of Law 3959/2011 or Article 101 of the TFEU, of a “cartel” nature, as well as natural persons who have been involved in cartels and on whom fines may be imposed. However, by updating the aforementioned decision with decision no. 791/2022, following the amendment of Law 3959/2011, are now occupied, in accordance with paragraph 52 of the Preamble of Directive 2019/1, and business associations, which can submit an application for lenient treatment, as long as they participated in the violation independently and not on behalf of their members, according to the relevant EU jurisprudence.

Also, with the decision no. 790/2022 of the EA, the dispute settlement procedure is amended, following the introduction of article 29A of Law 3959/2011 (with Law 4886/2022) in order to extend the settlement institution to other cases of infringement (abuse of a dominant position , announcing future pricing intentions for products and services between competitors and vertical partnerships.

These changes are intended to increase the efficiency and deterrent nature of the action of the EA, at the same time strengthening the interest of citizens and businesses in the effective and timely punishment of offenders.

The full text of the aforementioned decisions is available on the website of the Competition Commission: DDD and Leniency Program.

The Competition Commission, as part of its initiatives to raise the awareness of businesses and consumers on current competition issues, has also updated the Information Bulletin on the Dispute Settlement Procedure. This Information Bulletin, which has also been posted on the website of the Competition Commission, includes useful information, in the form of questions and answers, mainly for the convenience of the business community. The bulletin aims to clarify critical issues regarding the terms and conditions of a company’s inclusion in the Settlement Process as well as the details of the process. See the relevant information sheet here.