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About Antitrust Law in Moschato, Greece

Antitrust law - also called competition law - aims to protect markets from practices that reduce competition, such as price fixing, market division, abuse of dominant position, and anticompetitive mergers. In Moschato, a suburb of Athens in the Attica region, businesses and consumers are protected by Greek competition rules and by European Union competition law where cross-border effects occur. Enforcement is carried out mainly at the national level by the Hellenic Competition Commission and at the EU level by the European Commission for matters that affect trade between EU Member States.

Why You May Need a Lawyer

Antitrust matters can be complex and carry significant financial and operational consequences. You may need a lawyer if you are a business owner, manager, director, or consumer dealing with any of the following situations -

- A dawn raid or on-site inspection by competition authorities.

- A cartel investigation or allegation of price fixing, market allocation, or bid rigging.

- An allegation of abuse of a dominant market position by your company or a competitor.

- Preparing or responding to a merger notification to the Hellenic Competition Commission or the European Commission.

- Drafting or reviewing commercial agreements that may contain resale price maintenance, exclusive distribution clauses, or other vertical restraints.

- Assessing compliance risks and designing a competition compliance program for your business.

- Defending against fines, seeking reductions through settlement or leniency, or pursuing private damages claims in civil court.

- Advising employees, boards, or shareholders on antitrust exposure and risk mitigation strategies.

Local Laws Overview

The primary national law governing competition in Greece is Law 3959/2011 on the Protection of Free Competition, as amended. Key aspects include -

- Prohibitions on anticompetitive agreements and concerted practices, including cartels and resale price maintenance.

- Rules against abuse of a dominant position by firms that can affect competition in a relevant market.

- Merger control rules that require notification for concentrations meeting specific thresholds, with review for competition concerns.

- Sanctions including administrative fines, corrective measures, and orders to change business conduct.

- A leniency regime that can reduce penalties for companies that come forward with evidence of cartel activity and cooperate with authorities.

Greek competition law operates alongside European Union competition rules under Articles 101 and 102 of the Treaty on the Functioning of the European Union. Where conduct affects trade between Member States, the European Commission may assert jurisdiction. Enforcement typically involves the Hellenic Competition Commission for national matters, with judicial review available through the Greek administrative courts.

Frequently Asked Questions

What is considered a cartel under Greek and EU law?

A cartel is an agreement or concerted practice among competitors to fix prices, limit production, divide markets, rig bids, or otherwise restrict competition. Cartels are considered a serious breach of competition law and are prohibited under both Greek and EU rules.

Who enforces antitrust rules in Moschato?

Antitrust enforcement in Moschato is carried out by national authorities, primarily the Hellenic Competition Commission. For cross-border or EU-wide matters, the European Commission may also investigate and enforce competition rules. Local businesses may also face private litigation before Greek civil courts.

What should I do if my company receives a dawn raid notice or inspection?

If authorities arrive to inspect your premises, stay calm and cooperate within legal limits. Immediately notify legal counsel and the responsible company officers. Do not destroy or conceal documents. Your lawyer can advise on asserting legal privileges, limiting the scope of the inspection where appropriate, and ensuring that staff understand their rights and obligations.

How does the leniency program work?

The leniency program allows a participant in a cartel to report the conduct and provide evidence in exchange for immunity from fines or reduced penalties. Timing and the quality of information matter - the first qualifying applicant normally receives full immunity, while subsequent cooperating parties may receive reductions. Consult a lawyer immediately if you consider applying for leniency.

When must a merger be notified to the Hellenic Competition Commission?

Mergers that meet certain turnover or market thresholds under national law must be notified before they are implemented. Thresholds and procedural details can change over time, so obtain legal advice early in the transaction planning to determine filing obligations and to avoid fines or unwinding orders for implementing a notifiable concentration without approval.

What penalties can companies and individuals face for antitrust violations?

Penalties can include substantial administrative fines for companies, corrective orders, and in some cases reputational harm and civil damages claims by affected parties. Individuals may also face disciplinary consequences within their companies and, depending on the conduct and applicable laws, potential criminal sanctions if criminal provisions are engaged. Legal advice is essential to assess exposure and mitigation options.

Can a private party sue for damages in Greece for antitrust harm?

Yes. Private parties who suffered harm due to anticompetitive conduct can bring civil claims for damages in Greek courts. Successful claims require proving the anticompetitive behavior, causation, and quantifiable loss. Private actions often follow public enforcement but can also proceed independently.

How long do antitrust investigations usually take?

Investigation length varies widely depending on complexity, the number of parties involved, the scope of evidence, and whether there are settlement or leniency applications. Some cases are resolved in months while complex cartel or merger reviews can take years. Lawyers can help manage timelines and engage proactively with authorities to seek efficient resolution.

What is the difference between Greek and EU competition rules?

Substantively, Greek competition law aligns with EU competition principles. The main difference lies in jurisdictional scope - Greek authorities handle matters primarily affecting the national market, while the European Commission deals with conduct that affects trade between Member States. Both regimes can apply to the same facts, and coordination between authorities is common in cross-border cases.

What should I bring to an initial meeting with an antitrust lawyer?

Bring a concise summary of the facts, copies of relevant agreements, communications, invoices, competitor information, internal policies, and any correspondence from competition authorities. Provide timelines and contact details for key personnel. Early disclosure of all material facts helps your lawyer assess risks and recommend immediate steps, including document preservation and potential leniency.

Additional Resources

For authoritative information and assistance consider the following types of resources -

- The national competition authority - the Hellenic Competition Commission - for guidance on enforcement priorities and procedures.

- The European Commission - Competition - for EU-level rules and guidance on cross-border matters.

- The Greek Ministry responsible for development and market policy for policy documents and business guidance.

- The Consumer Ombudsman and consumer protection authorities for consumer-facing complaints and remedies.

- Professional bodies such as the Athens Bar Association to locate qualified competition lawyers and to verify professional credentials.

- Industry associations and chambers of commerce in the Attica region for local business guidance and workshops on compliance.

Next Steps

If you believe you have an antitrust issue in Moschato - or if a regulator has contacted you - follow these practical next steps -

- Preserve evidence. Instruct staff to retain all relevant documents, emails, and electronic records. Avoid deleting or altering files.

- Contact a specialized antitrust lawyer promptly. Early legal advice can protect rights, assess exposure, and advise on leniency or settlement options where relevant.

- Prepare a factual chronology and gather key documents before your first meeting with counsel. Transparency helps build an effective defense or compliance plan.

- If contacted by authorities, follow your lawyer's instructions during any inspection or correspondence. Prompt and careful responses reduce risk.

- Consider implementing or strengthening a competition compliance program that covers training, internal reporting, contract review, and audit mechanisms to reduce future risk.

- If you are a consumer or small business affected by suspected anticompetitive conduct, document your loss and seek legal advice on possible compensation or remedies.

Antitrust matters can be time sensitive and technically demanding. Securing experienced legal help and acting quickly will improve your chances of a favorable outcome.

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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.