Hellenic Competition Commission (HCC): Decision and fine to Procter & Gamble for dominant abuse

Infringement decision with fines addressed to Procter & Gamble concerning antitrust violations in the retail market for baby diapers in Greece

Following an ex officio investigation, the Hellenic Competition Commission (HCC), by majority vote, concluded that Procter & Gamble (P&G) has infringed Articles 2 of the Greek Competition Act and 102 TFEU (abuse of dominance) and Articles 1 of the Greek Competition Act and 101 TFEU (restrictive agreements) in connection with commercial practices employed by it in the retail market for baby diapers in Greece.

According to the decision, the evidence gathered throughout the investigation substantiates that P&G has adopted and implemented during the investigated period 2003 – 2011 anticompetitive practices aimed at maintaining and/or strengthening its dominant position in the market for baby diapers, thereby excluding competitors and limiting their growth possibilities. The alleged abusive conduct included, in particular, target rebates and rebates conditional upon the commitment of excessive shelf space for its baby diapers products (as agreed between P&G and major retail chains).

Based on the gravity and duration of the infringement, and after taking into account the particularities and economic conditions of the case, the HCC imposed fines totaling € 5.3 million for the above-mentioned infringements.

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