Best Antitrust Lawyers in Arta
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List of the best lawyers in Arta, Greece
About Antitrust Law in Arta, Greece
Antitrust law in Arta is part of the national and European competition law framework that safeguards fair competition, protects consumers, and ensures businesses compete on the merits. The Hellenic Competition Commission oversees enforcement across Greece, including in Arta. Greek law prohibits anticompetitive agreements, bans abuse of dominance, and requires prior notification of certain mergers. European Union rules apply in parallel when trade between EU Member States may be affected. In practice, this means that local conduct in Arta by manufacturers, wholesalers, retailers, service providers, cooperatives, and trade associations must comply with both Greek and EU competition rules.
Arta has a diverse economy that includes agriculture and agri‑food processing, construction materials, retail and distribution, tourism services, and transport. Antitrust issues commonly arise in these sectors through supplier‑retailer relationships, purchasing cooperatives, distribution networks, and participation in public tenders run by municipal or regional authorities.
Why You May Need a Lawyer
You may need an antitrust lawyer if you are planning an acquisition or joint venture, negotiating distribution or supply agreements, or responding to a request or inspection by the Hellenic Competition Commission. Legal counsel can help structure commercial agreements to reduce risk, assess whether an acquisition triggers merger notification, and prepare you for regulatory deadlines and information requests.
Other common situations include handling dawn raids or questionnaires from the authority, designing compliance policies for your staff and sales teams, advising on trade association participation, reviewing pricing and discount practices, and responding to complaints by competitors or customers. A lawyer can also represent you in private damages claims, defend you before the Hellenic Competition Commission and the courts, and advise on leniency or settlement options if a potential cartel issue is identified.
Local Laws Overview
Core prohibitions. Law 3959 of 2011 on the Protection of Free Competition, as amended, is the main Greek statute. Article 1 prohibits agreements and concerted practices that restrict competition, such as price fixing, market sharing, output restriction, and bid rigging. Article 2 prohibits abuse of dominance, such as unfair pricing, refusal to supply without objective justification, tying, and exclusive dealing that forecloses rivals. EU Treaty provisions apply in parallel where conduct may affect trade between Member States.
Vertical agreements. Many supplier‑distributor arrangements are assessed under rules for vertical restraints. Exclusivity, selective distribution, and non‑compete clauses can be lawful when market shares and other conditions are met. Resale price maintenance, which fixes or enforces resale prices, is generally prohibited and carries high enforcement risk.
Merger control. Concentrations must be notified to the Hellenic Competition Commission when turnover thresholds are met. A common threshold is reached when the combined worldwide turnover of all parties exceeds 150 million euros and at least two parties each have turnover in Greece exceeding 15 million euros. There is a standstill obligation, which means you must not close the deal before clearance. Phase I reviews are typically completed in about 30 days from a complete filing, with Phase II in‑depth reviews taking longer, often around 90 days, subject to suspensions and remedies.
Investigations and dawn raids. The Hellenic Competition Commission can conduct unannounced inspections of business premises in Arta and elsewhere. Officials may review hard copy and electronic records and request explanations from staff. In limited cases and with appropriate judicial authorization, private homes can be inspected if business documents are kept there. Obstruction of an inspection can lead to heavy penalties. Companies should have a clear dawn raid protocol and trained response team.
Penalties and leniency. The authority can impose fines on undertakings that infringe competition rules, which can reach up to 10 percent of the company group turnover, along with daily penalties for non‑compliance with orders. Greece operates a leniency program that offers immunity or fine reductions for companies that self‑report and cooperate in cartel investigations. A settlement procedure is available in certain cases and can reduce fines if you admit participation and accept the factual and legal findings.
Private enforcement. Individuals and businesses harmed by an infringement can seek compensation before the civil courts. Greece has implemented the EU Damages Directive, which includes rules on disclosure of evidence, joint and several liability for cartelists, a presumption of harm for cartels, and limitation periods. Final decisions of the Hellenic Competition Commission can be persuasive in damages actions.
Appeals and judicial review. Decisions of the Hellenic Competition Commission can be appealed to the Athens Administrative Court of Appeal and then to the Council of State. Deadlines for appeals are strict. Interim measures may be available in certain cases.
Public procurement. Bid rigging and market sharing affecting public tenders in Arta expose companies to significant penalties and possible exclusion from procurement. Coordination with the Hellenic Single Public Procurement Authority and local contracting authorities is often necessary where concerns arise.
Frequently Asked Questions
What conduct is prohibited by Greek antitrust law?
Greek law prohibits agreements and concerted practices that restrict competition, including price fixing, output limitation, market or customer allocation, bid rigging, and exchange of competitively sensitive information. It also prohibits abuse of dominance, such as predatory pricing, unjustified refusal to supply, and exclusivity that forecloses rivals.
Are exclusivity and selective distribution allowed?
They can be lawful when they improve distribution and do not foreclose competition. Compliance usually depends on market shares, duration, and how the clauses operate in practice. Exclusivity that ties up a substantial share of outlets in Arta or a wider region could raise concerns. Resale price maintenance is generally prohibited even within selective distribution.
Do I need to notify an acquisition of a local competitor in Arta?
You must notify the Hellenic Competition Commission if the statutory turnover thresholds are met, regardless of whether the target is local. Even a purely regional business can trigger filing if group turnovers are high enough. There is a standstill obligation, so obtain advice and confirm thresholds early in the deal timeline.
How is dominance assessed in local markets like Arta?
Dominance is assessed by reference to the relevant product and geographic market, which can be national or regional. Factors include market share, barriers to entry, access to inputs or distribution, buyer power, and network effects. A company with a high and persistent share in a narrowly defined local market may be dominant even if its national share is moderate.
What should I do if the Hellenic Competition Commission conducts a dawn raid?
Remain calm, contact your legal counsel immediately, verify the identities and legal basis for the inspection, cooperate without obstructing, and ensure a company representative accompanies officials at all times. Keep copies of the documents taken and the questions asked. Do not destroy or conceal information. You may request to have your lawyer present, but do not delay the inspection.
Can I obtain immunity if I report a cartel?
Yes. Under the Greek leniency program, the first company to report a cartel and provide evidence can receive full immunity from fines, provided it cooperates fully and meets other conditions. Subsequent applicants may obtain fine reductions. Timing is critical, so seek immediate legal advice.
Is information exchange with competitors always illegal?
Exchanging current or future prices, quantities, customers, or other strategic information is high risk and can be illegal because it reduces uncertainty and facilitates coordination. Aggregated, historical, and properly anonymized data may be acceptable in limited settings, for example through independent third parties, but legal review is recommended before participating.
How long do investigations take?
Timelines vary with complexity. Dawn raids and preliminary inquiries can lead to formal proceedings that last many months. Merger reviews in Phase I often conclude in about 30 days from a complete filing. Phase II reviews take longer and can involve remedies. Litigation on appeal can add significant time.
Can customers or competitors claim damages in court?
Yes. Private damages actions are available for harm caused by antitrust infringements. Greek law provides for disclosure of evidence, a presumption of harm in cartel cases, and joint and several liability among infringers, subject to certain protections for small and leniency applicants. Claims are brought before the civil courts.
What are the penalties for closing a deal before clearance?
Gun jumping, which is implementing notifiable transactions prior to clearance, can lead to significant fines and the potential unwinding of integration steps. Avoid integration activities such as control over pricing, customers, or strategic decisions before clearance. Use clean team and hold separate arrangements where appropriate and legally vetted.
Additional Resources
Hellenic Competition Commission. The national authority that investigates and enforces Greek competition law, publishes decisions, guidelines, and notices on leniency, settlements, and merger control.
European Commission Directorate General for Competition. Issues guidance and decisions on EU competition law that can apply alongside Greek rules.
Hellenic Single Public Procurement Authority. Provides guidance on public procurement and practices related to tender integrity, useful for businesses participating in tenders in Arta.
Ministry of Development, General Secretariat of Commerce and Consumer Protection. Offers policy and guidance relevant to market regulation and consumer issues with competition law interfaces.
Regional Unit of Arta and local contracting authorities. Publish tender opportunities and rules, which can be relevant for antitrust risk in public procurement.
Arta Chamber of Commerce and Industry. A local resource for business compliance awareness and referrals to experienced legal professionals.
Athens Administrative Court of Appeal and Council of State. Courts that review decisions of the Hellenic Competition Commission.
Next Steps
Identify the issue. Clarify whether your situation involves a proposed deal, ongoing conduct such as pricing or exclusivity, information exchange, a complaint received, a tender, or an enforcement contact by the authority.
Preserve evidence. Implement a litigation hold for relevant emails, chat messages, documents, and device data. Instruct employees not to delete or alter any materials.
Engage counsel early. Consult an antitrust lawyer experienced with Greek and EU rules. If your business is based in Arta, ask for counsel who can support on site quickly in case of inspections and who understands local market conditions.
Assess risks and options. Conduct a privileged internal review of facts, market shares, and documents. For deals, run a merger control assessment and plan a filing and clearance strategy. For potential cartels, evaluate leniency and settlement options promptly.
Implement immediate safeguards. Cease any potentially problematic conduct pending legal advice. Avoid contact with competitors on sensitive topics. For transactions, establish clean teams and hold separate protocols where needed.
Plan communications and training. Prepare internal guidance for staff, especially sales, procurement, and tender teams in Arta. Schedule targeted training on antitrust do and do not rules and dawn raid preparedness.
Follow through with authorities. If a notification or response is required, prepare accurate and complete submissions, meet deadlines, and address confidentiality properly. Keep records of all interactions.
Monitor and adjust. After the initial response, adopt or update a compliance program, audit key agreements, and periodically review practices to ensure ongoing compliance with Greek and EU competition law.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.