GREECE Law and Practice Contributed by: Anna Manda and Maria Kallidopoulou, Karatzas & Partners
implementing competition rules regarding the electronic telecommunications sector and the postal sector. Given that the HCC is the main competition authority, the EETT may seek its guidance and assistance in any antitrust matter arising in the area of its competence, in accord - ance with the provisions of Articles 113 para - graphs (f) and (g) of Law 4727/2020 for electron - ic communications and the provisions of Article 5 paragraphs (v) and (xa) of Law 4053/2012 for postal services. Scope of Liabilities, Penalties and Awards The HCC, when finding an infringement of Article 1 or Article 1A of the GCA or Article 101 of the TFEU, may: • make recommendations to the undertakings; • require the undertakings to bring the infringe - ment to an end and refrain from it in the future; • impose behavioural or structural remedies; and/or • impose fines. As regards fines, undertakings that are found to have infringed antitrust legislation are sub - ject to administrative fines, whereas their repre - sentatives (natural persons) are subject to both administrative and criminal liability. The HCC and the Greek administrative courts must consider the principle of proportionality when imposing a fine or agreeing to remedies or commitments. The fines should be effective, proportionate and deterrent. Administrative fines and sanctions Administrative fines can be up to 10% of the total worldwide turnover of the undertakings during the financial year preceding the publica - tion of the HCC decision. In the case of a group of companies, the calculation of the fine will take
the total worldwide turnover of the group into account. The fine imposed is calculated on the basis of the gravity, duration and geographical scope of the infringement, as well as the dura - tion and type of participation in the infringement of the undertaking concerned. If the economic benefit enjoyed by the undertaking(s) as a result of the infringement can be measured, then the fine cannot be less than that (even if it exceeds the threshold of 10%). For the purpose of impos - ing the fine, the concept of enterprise covers the parent companies within a single economic entity, the partial and total universal successors in the case of corporate transformations, and the acquirers of the business after the occurrence of the infringement if the infringer is unable to pay the fine (or another fine imposed) at the time of imposition. The HCC may also impose financial penalties per day of non-compliance, which are deter - mined in proportion to the average daily total global turnover of the undertaking or association of undertakings before the issuance of its deci - sion, capped at 3% of this turnover and calcu - lated from the date set by the HCC decision. The executives of the undertakings involved in the infringement are personally and jointly liable for paying all fines imposed by the HCC against the undertakings. In addition, the HCC may also impose separate administrative fines on the executives ranging from EUR200,000 to EUR2 million where it is evident that they have engaged in preparatory actions or illegal busi - ness behaviour. For the right to appeal HCC decisions, see 5.8 Judicial Review or Appeal . The HCC has the power to impose interim meas - ures on those undertakings where an infringe - ment is deemed probable and there is an urgen -
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