Best Antitrust Lawyers in Thivais
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List of the best lawyers in Thivais, Greece
About Antitrust Law in Thivais, Greece
Antitrust law in Thivais, Greece sits within the broader Greek and European Union framework that protects competition and consumers. Greek Competition Law governs agreements between businesses, the behavior of companies with market power, and mergers or acquisitions that could reduce competition. Because Greece is an EU Member State, the European rules on restrictive agreements and abuse of dominance apply alongside national law whenever trade between Member States may be affected.
In practical terms, this means that businesses operating in and around Thivais must avoid collusion with competitors, must design distribution and online sales strategies carefully, must not exploit any dominant position, and must assess whether mergers or joint ventures need pre-approval. Enforcement is carried out primarily by the Hellenic Competition Commission based in Athens, which investigates, conducts inspections, and imposes fines. The European Commission may also act in cases with wider EU impact. Local businesses in sectors common to the region - such as construction, building materials, agriculture and food supply chains, logistics, retail, and public works - are particularly exposed to antitrust risk through pricing agreements, bid-rigging, and restrictive distribution practices.
Why You May Need a Lawyer
You may need a competition lawyer if you are facing or anticipating an investigation, want to structure cooperation with competitors lawfully, or plan a transaction that could require merger notification. A lawyer helps assess risk under both Greek and EU rules, prepares robust compliance programs, and represents you before authorities and courts.
Common situations include unannounced inspections by the Hellenic Competition Commission, requests for information, questions about pricing and discount policies, exclusivity or selective distribution schemes, online marketplace restrictions, data sharing with competitors, joint bidding arrangements in public tenders, industry association participation, and mergers or joint ventures. Early legal advice can reduce exposure, preserve legal privilege, and position you to benefit from leniency or settlement tools if applicable.
Local Laws Overview
The core statute is Greek Law 3959-2011 on the Protection of Free Competition, as amended. It prohibits agreements between undertakings that restrict competition - such as price fixing, market sharing, bid-rigging, output limits, customer allocation, and certain resale price maintenance - and it prohibits abuse of a dominant position. EU Treaty rules on restrictive agreements and abuse of dominance apply in parallel when conduct may affect inter-state trade.
Merger control requires pre-notification of concentrations that meet national thresholds. Where the combined turnover of the parties is significant and at least two parties have meaningful turnover in Greece, filing is typically mandatory and gun-jumping is prohibited. Phase I and Phase II timelines are set by statute, and remedies may be required to address competition concerns. Early assessment and pre-filing engagement help avoid delays.
Law 4886-2022 strengthened the Hellenic Competition Commission’s investigative and enforcement toolkit. The authority can conduct dawn raids, request information, seal premises, and interview staff. It may accept commitments, run settlement processes, and impose behavioral or structural remedies.
Hard-core cartel conduct is a top enforcement priority. Greece operates a leniency program that can grant full immunity to the first cartel participant to provide decisive evidence, with fine reductions available to subsequent applicants. Settlements may also reduce fines where parties acknowledge liability and cooperate.
Fines for companies can be substantial and are typically calculated with reference to sales affected and gravity of the infringement, up to a statutory maximum expressed as a percentage of worldwide turnover. Periodic penalties may be imposed for non-compliance with decisions or information requests. In serious cases such as bid-rigging, individuals can face personal consequences under applicable provisions.
Vertical agreements such as distribution, franchising, and supply arrangements are assessed using EU block exemptions and guidelines. Many restraints are lawful if market shares are below thresholds and no hard-core restrictions are included. Resale price maintenance and restrictions on passive cross-border sales are generally prohibited.
Private enforcement is available. Law 4529-2018 implements the EU Damages Directive and facilitates compensation claims by those harmed by infringements. Final decisions of competition authorities can be used as evidence of infringement, disclosure of evidence can be ordered by courts, and limitation periods account for the time an investigation is ongoing.
Public procurement is a frequent risk area in and around Thivais. Bid-rigging, cover bidding, and market allocation in tenders are serious infringements. Monitoring tender communications, ensuring independent bid preparation, and documenting contacts with rivals are essential compliance steps.
Frequently Asked Questions
What types of conduct are prohibited by antitrust rules in Greece?
Prohibited conduct includes agreements or concerted practices that restrict competition, such as fixing prices, allocating customers or territories, limiting output, or rigging bids. It also includes abuse of a dominant position, like unfair pricing, refusal to supply without objective justification, tying unrelated products, or excluding rivals through loyalty rebates or predatory pricing. Many vertical restraints are assessed case by case, but resale price maintenance and restrictions on passive sales are typically unlawful.
Are informal conversations with competitors risky?
Yes. Even informal exchanges of commercially sensitive information - like current or future prices, discounts, costs, output, capacity, or customer lists - can amount to a concerted practice. Participation in industry associations must be carefully managed. Use aggregated, publicly available data, adopt clear agendas and minutes, and avoid discussing competitively sensitive topics.
How is dominance assessed in Greece?
There is no fixed market share threshold, but sustained shares around or above 40 percent may indicate potential dominance and shares around or above 50 percent often do. Authorities also consider barriers to entry, buyer power, network effects, access to essential inputs, and the durability of market power. A dominant firm bears special responsibility not to distort competition.
When must a merger or joint venture be notified?
Notification is required when statutory turnover thresholds are met, typically where the parties have significant combined turnover and at least two have meaningful sales in Greece. Notification must be filed within a short legal deadline after signing or public announcement. A standstill obligation applies, so closing before clearance is prohibited unless a specific derogation is granted. Phase I reviews are usually completed in about one month from a complete filing, while complex cases may move to an in-depth Phase II with longer timelines.
What should we do during a dawn raid by the Hellenic Competition Commission?
Remain calm, contact your competition counsel immediately, verify the inspectors’ identities and the scope of the warrant, and cooperate lawfully. Preserve documents, do not destroy or conceal materials, and do not obstruct access. Ensure that searches respect legal privilege and privacy rules. Keep a record of copied files and questions asked, brief staff on their rights and duties, and avoid speculative or misleading statements.
Does Greece have a leniency program for cartels?
Yes. The first company to self-report and provide decisive evidence of a secret cartel may receive full immunity from fines, provided it meets cooperation and confidentiality conditions. Subsequent applicants can obtain substantial fine reductions based on the timing and added value of their evidence. Individuals may also benefit in certain circumstances. Early legal advice is critical to preserve eligibility.
Are our distribution and online sales restrictions compliant?
It depends on market shares and the nature of the restriction. Many vertical agreements are permitted if the parties are below market share thresholds and avoid hard-core restraints. Resale price maintenance, restrictions on passive cross-border sales to end users, and bans on selling to all online marketplaces are likely unlawful. Dual pricing and platform restrictions require careful assessment under current EU guidance.
What penalties could apply for an infringement?
Companies face significant administrative fines calculated by reference to the severity and duration of the infringement, subject to a statutory cap linked to worldwide turnover. Additional periodic penalties can apply for non-compliance. In serious cases like bid-rigging, individuals involved can face personal consequences under applicable law. Decisions can also lead to damages actions by customers or competitors, reputational harm, and debarment risks in public tenders.
Can we bring or defend a damages claim in Greece?
Yes. Anyone who suffered harm due to an infringement can seek full compensation, including actual loss, loss of profit, and interest. Greek law facilitates claims by providing for evidentiary presumptions, disclosure orders, and suspension of limitation periods during authority proceedings. Both follow-on claims after an authority decision and stand-alone claims are possible before the civil courts.
How long do investigations take?
Timing varies with case complexity. Initial inquiries may take months, while full investigations and litigation can take significantly longer. Merger reviews follow statutory deadlines, with most straightforward cases cleared relatively quickly and complex cases taking longer. Early engagement, organized document production, and proactive remedy discussions can shorten the process.
Additional Resources
Hellenic Competition Commission - the national authority that investigates, decides cases, issues guidelines, runs the leniency program, and reviews mergers.
European Commission Directorate-General for Competition - handles EU-wide cases and issues block exemptions and guidelines that apply in Greece.
Greek Ministry of Development and Investments - General Secretariat of Commerce and Consumer Protection - publishes policy materials relevant to competition and markets.
Hellenic Single Public Procurement Authority - provides guidance on public procurement rules and integrity, a key area for antitrust compliance in tenders.
Chamber of Viotia - a local business body that can direct companies in Thivais to compliance resources and training opportunities.
Greek courts and the Official Gazette - sources for published decisions and legal texts relevant to competition enforcement and private damages actions.
Next Steps
Clarify your objectives and risks. Identify whether your issue concerns a competitor relationship, a supplier or distributor arrangement, a public tender, a transaction, or an investigation. Note any deadlines or information requests you have received.
Preserve evidence. Implement a legal hold on potentially relevant emails, messages, and files. Instruct staff not to delete or alter documents. Centralize communications with authorities through counsel.
Engage competition counsel early. A lawyer can assess exposure under Greek and EU law, design a response plan for inspections or requests, and evaluate options like leniency, settlement, commitments, or remedies.
Conduct a rapid internal review. Map the facts, markets, and participants. Review contact points with competitors, pricing and discount policies, distribution restrictions, tender submissions, and strategic documents. Document legitimate business justifications where applicable.
For transactions, plan merger control. Check Greek and EU thresholds, prepare a clean team protocol if needed, align on a filing strategy, and avoid gun-jumping. Consider timing impacts on closing and integration plans.
Implement or update a compliance program. Deliver targeted training in Thivais for sales, procurement, and management. Set clear do-not-contact and do-not-discuss rules for industry events. Establish approval workflows for discounts, exclusivities, and data sharing.
Monitor and remediate. Where issues are identified, stop problematic conduct, consider self-reporting options, and roll out corrective measures. Keep records of compliance actions to demonstrate your commitment if reviewed by authorities.
If you need tailored legal assistance, contact a competition lawyer who practices before the Hellenic Competition Commission and Greek courts, and who understands the commercial landscape in and around Thivais.
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.