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Hellenic Competition Commission’s Terms, Conditions and Procedure for the Acceptance of Commitments

Press release, May 2014

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On 16.04.2014, the HCC adopted Decision No. 588/2014 which defines the terms, conditions and the procedure for the acceptance of commitments offered by undertakings to cease possible infringements of articles 1 and 2 of L. 3959/2011 or 101 and 102 TFEU. The HCC’s Decision:

a) Optimizes the current administrative practice, focusing on accelerating the procedure and making it more efficient. This is possible when interested undertakings signal their interest in discussing commitments at the earliest possible stage of the investigation.

b) Ensures that the most appropriate sanction and/or consequence are chosen in terms of public interest and competition policy. To this effect the Decision determines the cases where commitments are appropriate, based on the nature of the infringement, the characteristics of the market and the anticipated benefit, whilst considering the sanctionary and deterrent effect of imposing fines, and adopts criteria for the commencement of the procedure of evaluating and accepting, or not accepting, the proposed commitments.

c) Introduces a procedure of consultation on the proposed commitments, aiming to address the competition concerns in full and in the most efficient way. This procedure, if considered purposeful, may take various forms, or a combination of such forms, such as telephone interviews withrepresentatives of undertakings or their associations or a public consultation.

d) Offers guidelines to undertakings on the procedure that will be followed, the relevant time frames, as well as the terms and conditions for accepting commitments.

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