GREECE Law and Practice Contributed by: Anna Manda and Venetia Lazaratou, Karatzas & Partners
during the Phase I investigation within 20 calendar days from the date of the notification of the concentra - tion. In that vein, the HCC issued in 2022 its first deci - sion where it accepted remedies in Phase I (803/2022 – Anedik Kritikos SA / Synergazomenoi Pantopoles SA ). Similarly, in 2024 the HCC also accepted remedies in Phase I (854/2024 – Raidestos / Certis / Efthimiadis ). Nonetheless, it shall be noted that the earlier the rem - edies are offered during the HCC’s assessment of the concentration, the more efficient these need to be in alleviating HCC’s competitive concerns. Typical Remedies HCC Decision 779/2022 determines the content of the notification form on remedies and its accompanying documents. The HC decision also includes a model text for divestiture commitments and a model text for trustee mandates. In general, the HCC follows the EC’s Notice on Rem - edies and the relevant EU case law in assessing rem - edies. In this respect, it is considered that structural com - mitments are generally preferable since they are deemed to avert the competition concerns over the longer term. Nonetheless, the HCC has accepted behavioural remedies in a number of cases thus far. For instance, in Case 861/2024 ( Hellenic Train S . A ./ Damco Energy S . A ), the HCC approved the creation of a joint venture between Hellenic Train and Dam - co Energy with behavioural remedies only, which included, inter alia, the establishment of Chinese walls and the imposition of confidentiality obligations between Hellenic Train and the joint venture. Further - more, in Case 682/2019 ( Mytilineos / EPALME ), the HCC accepted behavioural remedies that aimed to address vertical foreclosure concerns. Moreover, the HCC, in Case 775/2022 ( Delivery Hero / Alpha - Inkat - E - Table ), accepted a series of behavioural remedies. The concentration concerned the acquisition by an online delivery platform, Delivery Hero, of the sole control over companies that are active in the wholesale sup - ply of goods to supermarkets and run online platforms that provide intermediation services for orders and reservations in restaurants. The HCC was concerned that the combination of end user data collected from these online platforms would allow the merged enti -
ty to implement personalised promotion strategies, thereby having a competitive advantage to such an extent that the combined entity’s competitors would no longer be able to compete effectively. The HCC eventually cleared the concentration with behavioural remedies, which included, inter alia, the obligation by Delivery Hero (i) not to tie the online intermediation services for food ordering with the online reserva - tion services in restaurants when offered to business users; (ii) not to provide special discounts to business users; and (iii) not to use end user data collected from its platform in order to implement personalised pro - motion strategies. It is also often the case that the HCC accepts both structural and behavioural remedies. For example, in 2017, the HCC accepted both structural and behav - ioural measures when granting clearance to the acqui - sition by supermarket Sklavenitis of sole control over the Marinopoulos supermarket chain. With respect to the structural measures, the acquiring company undertook to divest 22 supermarket stores within nine months from the publication of HCC decision (HCC Decision 637/2017). With respect to behavioural rem - edies, the acquiring company undertook to continue the commercial co-operation with Marinopoulos’ local suppliers and other mutual suppliers for a period of three years commencing from the publication of the HCC decision. Likewise, in 2018, the HCC cleared the acquisition of Hellenic Seaways by Attica Group (HCC Decision 658/2018 – Hellenic Seaways / Attica Group ), subject to both behavioural and structural commit - ments. As per the commitments undertaken, the Atti - ca Group was bound not to increase ticket prices in certain itineraries, to proceed with the divestiture of certain boats, add routes to certain island connec - tions, and to facilitate the entry of competitors in the relevant markets. 5.3 Legal Standard Similar to the EC’s practice, the HCC deems the pro - posed remedies to be acceptable when these are: • appropriate; • comprehensive; • of a lasting character; and
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