Competition Law

All advice provided about transactions in Greece is not given only in the light of the applicable domestic law but also takes into account the applicable rules of European Community law. The firm provides advice to its constantly expanding clientele on matters of EU law, particularly in respect of competition law, the free movement of goods and services and anti-dumping procedures.

Members:

Achilleas Christodoulou, Senior Associate
Kriton Metaxopoulos, Managing Partner
Irini Daroussou, Partner

Representative Cases:

GREEK COLLECTING SOCIETY – COMPETITIOIN COMMITTEE
The firm represented more than 1,000 Greek authors in an intervention before the Greek Competition Commission in a dispute between 6 other Greek authors and their joint collective management organization in a protracted procedure which led to radical changes and adjustments in the relations of Greek authors with the collective management organization concerning extremely complex issues of competition and intellectual property law.

AGGRESSIVE TAKEOVER
Our firm represented the third largest Greek dairy company during a crisis management phase in its efforts to fend off an aggressive takeover bid from the largest company in the field which culminated in complaints and memoranda being submitted to the Greek Competition Commission.

ALCOHOLIC BEVERAGES
Our firm advised an international major alcoholic beverage company on possible actions before court, based on unfair competition, against a direct competitor – the leader in the same market.

INTERNATIONAL AIRLINE CATERING – NEW ATHENS AIRPORT
Our firm has in the past supported a multinational catering services supplier in its participation: (a) in the tender procedure to acquire an operating license and provide aircraft catering services at the Athens International Airport (AIA), (b) in the tender procedure to provide aircraft catering transport services at AIA, (c) in the tender procedure to run canteens at AIA and (d) in the tender procedure to run bars and restaurants at AIA. The firm has advised the same client throughout all the process of selling its old premises, buying new land and the construction of an airport based catering facility of 10.000m². Kriton Metaxopoulos has advised the same multinational group in the acquisition and construction of catering units in Italy, Romania and some former Soviet Union Countries.

EXCLUSIVE DISTRIBUTION
Our firm has provided legal advice to a Greek retailer of clothing regarding an exclusive distribution agreement that he was to make with his supplier (a French clothing company).

PATENTS – ROYALTIES DISPUTE – COMPETITION
Our firm represents a major Greek DVD replicator in its dispute with a Dutch leading technology company over DVD production patent royalties. In the context of the said dispute, we have filed numerous complaints against said company before the Hellenic Competition Committee arguing that it abuses its dominant position in the market, by applying unjustified differentiated trading conditions (prices) to its customers.

ENERGY SECTOR
Our firm represented before the Felony Court of Appeals all the companies of the Energy Companies “ENERGA POWER” and “KENTOR” in relation to the seizure of the state of a sum in excess of 100.000.000 million which was found in accounts of these companies following the prosecution (and subsequent convictions by the First Instance Penal Court) of the owners and managers of these companies to multiyear imprisonment penalties.
During the proceeding, an interpretation of the EU legislation regarding Electricity was required and more specifically if, according to the Directive 2009/72/EC, the energy suppliers may be deemed to act, when they sell the electric power to their clients, in the name and on behalf the Administrator of the Energy Market or if this is forbidden by the EU law and therefore the suppliers are allowed only to sell in their own name and on their behalf. Accordingly, we submitted before the court letters by the competent department of European Commission which led to the acquitted of our client for own embezzlement charge.

RESEARCH AGENCY – COMPETITION COMMISSION
The client is one of the major companies in Greece in the field of audience measurement. The Greek Competition Commission has imposed a fine on the company along with a competitor for an alleged agreement that constitutes a breach of the free competition law (illegitimate market sharing). We have appealed before the competent Administrative Courts against the above decision of the Greek Competition Commission and we are waiting for a hearing to be scheduled.