GREECE Law and Practice Contributed by: Anna Manda and Maria Kallidopoulou, Karatzas & Partners
ing to be involved) should be satisfied. The fine reduction is proportionate to the contribution of the applicant in establishing the infringement. In any case, the fine reduction cannot exceed 50% of the fine that would otherwise have been imposed on undertakings/associations of under - takings, and 70% in the case of natural persons. It is worth noting that immunity from fines does not include immunity from civil law claims for damages. Markers Applicants may also request a marker. The grant - ing of a marker protects the applicant’s place in the queue for leniency for a given period, thus allowing it to gather – within that period ‒ the information and evidence necessary to meet the relevant threshold for immunity. The grant - ing of a marker is at the discretion of the HCC. Where a marker is granted, the HCC president determines the period within which the applicant must submit the information required to meet the relevant evidential threshold for immunity. The applicant should submit a minimum set of information, which (inter alia) includes: • the identification of the alleged cartel mem - bers; • the affected geographical and product market(s); • the cartel’s duration; and • the nature of the cartel conduct and poten - tial leniency applications submitted to other national competition authorities inside or out - side the EU in connection with the suspected cartel. 3.3 Whistle-Blowers In 2021, the HCC launched a secure digital envi - ronment for reporting/submitting anonymous information to further promote natural persons/ undertakings to report anti-competitive practic -
es. This platform has had a sizeable impact, with more than 204 pieces of anonymous information being submitted so far. 4. Procedural Framework for Cartel Enforcement 4.1 Obtaining Evidence From Employees The HCC may seek information directly from cur - rent company employees. To exercise the pow - ers provided in the GCA, authorised inspectors may request information in writing. Pursuant to Article 38 of the GCA, the HCC may ask any natural person (including employees) to pro - vide all the necessary information. The request for information addressed to a natural person/ employee is formulated to respect the right not to incriminate oneself. 4.2 Obtaining Documentary Evidence From Subject/Target Companies The HCC may request information directly from any undertaking. 4.3 Obtaining Evidence From Entities Outside the Jurisdiction Any undertaking and/or natural person in Greece or another jurisdiction may be the addressee of an HCC request for information. All undertakings located inside or outside Greece have an initial deadline of ten calendar days within which to respond to the HCC request and this deadline can be extended. The undertaking and the relevant individuals are required to co-operate fully and actively with the inspectors, as well as with the HCC requests, and provide all requested information. The lat - ter obligation extends to all information that the undertakings or the individuals have access to,
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