CLF successfully represented Mytilineos before the Hellenic Competition Commission (in Plenary Session). - Calavros Law Firm - Filios - Kloukinas

CLF successfully represented Mytilineos before the Hellenic Competition Commission (in Plenary Session).

CLF has successfully represented MYTILINEOS S.A., active, inter alia, in the sector of production of alumina and aluminum before the Hellenic Competition Commission (“HCC”) in a case of abuse of dominance and violation of interim measures rendered by the HCC.

MYTILINEOS S.A. had lodged a complaint against IMERYS BAUXITE S.A. (“IMERYS”), and its parent company, arguing that IMERYS, i.e., the sole supplier of the main material input for the production of alumina, engaged in abusive practices in violation of articles 102 of the Treaty and 2 L. 3959/2011.

The case involved complexed matters of competition law, notably the issue as to whether restriction of supply of a long-standing client constitutes abuse of dominance in the absence of a direct competitive relationship as well as the effect of such conduct to downstream markets.

The HCC in plenary session, departing from the initial exonerating Statement of Objections, found that IMERYS abused its dominant position and violated the operative part of the interim measures. The HCC fined IMERYS €1.3 Mio for infringement of article 2 L. 3959/2011, €560k for non-compliance with the interim measures and ordered IMERYS to abstain from abusive practices under penalty of €10k.

The CLF team which advised on the case was led by Professor Constantin Calavros, partner Mr. Themistoklis Kloukinas and included senior associate Ms.Angeliki Rousaki.

The HCC decision is anticipated to play a pivotal role in the pending civil litigation between the two companies.