The Hellenic Competition Commission (HCC) has prioritised and assigned to a Commissioner-Rapporteur a case concerning possible anti-competitive practices in the market for the production and supply of radiopharmaceuticals used in tumour-diagnostic imaging tests.
The case has been assigned pursuant to Article 15 of Law 3959/2011 (Greek Competition Act) and concerns the conduct of a specific undertaking for a potential abuse of a dominant position. The investigation focuses on whether certain practices adopted vis-à-vis customers and competent public authorities may have departed from competition on the merits and hindered the development of the company’s only competitor. The assessment is taking place against the backdrop of growing domestic demand for radiopharmaceuticals, which are critical inputs for oncological diagnostic procedures.
The proceedings stem from a complaint alleging infringements of Article 2 of Law 3959/2011 and Article 102 of the Treaty on the Functioning of the European Union (TFEU), both of which prohibit the abuse of a dominant position.
In the context of the investigation, the HCC’s Directorate-General for Competition has conducted an unannounced on-site inspection at the premises of the undertaking concerned and has issued questionnaires to other market participants.
Under the applicable legal framework, the HCC is responsible for enforcing national and EU competition rules in Greece, including provisions prohibiting anti-competitive agreements, abusive conduct by dominant firms, and certain unilateral practices such as invitations to collude.
The assignment of the case to a Commissioner-Rapporteur indicates that the investigation has reached an advanced procedural stage and triggers the statutory time limits for the adoption of a decision under Article 15 of Law 3959/2011. However, this procedural step does not prejudge the content of any forthcoming Statement of Objections or the final decision of the Authority.