Οι οριζόντιες συμπράξεις - η περίπτωση των "Κατασκευαστικών"
Horizontal agreements - the case of construction companies
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Keywords
Επιτροπή Ανταγωνισμού ; Ελεύθερος ανταγωνισμός ; Συμπράξεις ; Οριζόντια συνεργασία ; Κατευθυντήριες οδηγίες ; Διαγωνισμοί προμηθειών ; ΣυμπαιγνίεςAbstract
Economic competition, the behavior of two or more companies pursing the same economic purpose, that is the dealings with the third parties, namely the “client” claim, is controlled for our Country as well as in almost all other countries, countries of the western world by a special Law (in the USA has been law since southern end of the 19th century) and it consists of two fundamental importance law: First law of free competition and also the law of unfair competition. Both laws seek to protect economic freedom in doing business, but they have different needs.
In the present work we will only deal with the law of free competition. In this respect, our national law (law 3959/2011 ex 703/77), has basically followed the provisions of Union law (now Articles 101 and 102 TFEU). The rules of free competition law are designed to protect and develop competition itself, in order to safeguard economic freedom. Consequently, the prohibitive rules of free competition at both national and Community level concern, in principle, the conduct of undertakings and associations of undertakings and the agreements between them which may distort healthy competition.
Horizontal agreements can bring benefits, but when prices are agreed, or markets are distributed, for example, they limit competition and create problems in the markets economy, and that is what this work demonstrates. However, when the benefits of horizontal partnerships are significant (cost savings, quality improvement in efficiency) then they may be conditional on permiting (see paragraph 3 of Article 101 TFEU). Competition authorities are looking at the issue more and more from its economic side, that is to say economic analysis to such an extent that we can say that the economic analysis is the heart of the analysis of competition law. The EU has developed Regulations on specialization agreements and R&D agreements and with its Communnication adopted for the implementation of Article 101 TFEU, Guidelines that seek to address any issue of horizontal cooperation.
Collusion is also observed in public tenders, where the horizontal partnerships of independent firms with behaviors such as bid manipulation, market sharing, price fixing and limiting quantities, distort healthy competition and displace businesses while generating huge profits.
Such conduct was identified and punished by the Geek Competition Commission in its decision (642/2017), examining the construction industry and imposed fines for serious and years-long infringements and collusion by large and well-known companies such as: AKTOR SA, AVAX SA, TERNA SA, MOCHLOS SA, AEGEK CONSTRUCTION.
Therefore, horizontal agreements help develop the market when they operate in free competition , otherwise their creation should be identified and impeded.