Responses to letters – questions ASE / HCMC

13/10/2016 | Press Releases & Announcements

The EKTER SA upon questions raised by the HCMC with Nos. no. 3938 / 12.10.2016 letter, informs the investing public that:

  • As mentioned in Chapter 7 “Contingent liabilities and assets” of the 30/06/2016 financial statements of our company, published on 28.09.2016, our company has received the recommendation from the Competition Commission issued under officio investigation for possible violations of Articles 1 n. 703/77, already no. 1 n. 3959/2011, to public works contracts. No other subsidiary has received the same Recommendation.
  • As stated further in our financial statements, our company is committed to provide more information because of the confidentiality obligation governing the procedure in this investigation stage. In particular, the content of the document served Recommending is labeled “confidential and non-reportable” and, similarly, in accordance with paragraph 41 of resolution no. 628/2016 decision of the Competition Commission Plenary on the terms, conditions and the procedure for settling disputes as the above process, the overall framework of the settlement procedure is covered by confidentiality.
  • If there is infringement of competition law, then the Competition Commission has the power by law to impose the following possible sanctions (Article 25 of l. 3959/2011):
  • make recommendations in case of  infringements of Articles 1 and 2 of Law. 3959/2011 or Articles 101 and 102 TFEU,
  • Obliged the involved companies to cease the infringement and to fail in the future,
  • Impose behavioral or structural nature for the cessation of the infringement, depending on the type and severity,
  • Threat and impose penalties. In case of penalties, it can reach up to 10 percent (10%) of the company’s total turnover in the period in which the infringement ceased or if it continues until the decision of a previous version of the user decision taking into account various factors (eg, severity, duration, geographic scope of the infringement, duration and type of participation in the infringement of the undertaking, the economic benefit to, and viability factors).
  • Further of the above and because the case is still controlled by the Plenum of the Competition Commission, which is the only responsible to rule on whether or not there is a violation, after taking into account the data can invoke and submit the investigated companies to file, process that not take place before the drafting of a recommendation, and that – in any case – the relevant Recommendation is not mandatory for the Assembly,  and it’s  not possible the  assess of the situation and prediction of the impact case for this year.

However, in this context, date to the numerous and unforeseen facts which are taken into account for the determination and the amount of the penalties and the possibility of phased payments, the assessment of management is that there will be no significant impact on the financial position and the company’s results from the above case.

 

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