Τρόποι εντοπισμού και αντιμετώπισης της ρητής συμπαιγνίας (καρτέλ) : μια κριτική επισκόπηση
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Keywords
Ρητή συμπαιγνία ; Καρτέλ ; Ανταγωνισμός ; Κατασκευαστικός κλάδοςAbstract
Nowadays, the development of technology and production drives businesses to face intense - international competition. Companies are obligated to cope with this dynamic and changing environment in which they must enter and operate to achieve survival and profitability. Furthermore, the globalization of markets plays a crucial role in our country's economy, given the absence of large-volume exports, having the lowest exportable income in Europe. In this thesis, we will attempt to analyze the definition of Competition, as well as the regulations governing it that businesses must adhere to. Additionally, reference will be made to Law 703/1977, Law 3959/2011, and Law 4886/2022, primarily Articles 1 and 101 concerning the Treaty on the Functioning of the European Union (TFEU).
Non-competitive practices observed and implemented in the case study of construction companies involved in the Athens Metro projects will be examined. Subsequently, we will explore the European Commission's response to competition violations and the evolution of the Competition Commission over the years. The intervention of the Competition Commission for competition violations under Article 1 of Law 3959/2011 and Article 101 of the TFEU, falling within the European legislative framework, will be disclosed. Next, the conditions for inclusion in the Leniency Program and Dispute Settlement Program will be analyzed, along with factors causing a continuous decline in the Leniency Program despite the new fine calculation method. Simultaneously, within the Construction sector, tools through which the Competition Commission can discover significant elements leading to horizontal unfair collaboration among companies will be examined. Ways in which construction companies manipulate tenders and what the Competition Commission should do to protect competition will also be explored. Subsequently, reference will be made to the Competition Commission's final decision, the conclusions drawn, the conditions under which cartels, known as collaborations, are formed, and their impact on the economy and various market segments. In this context, an attempt is made to define explicit collusion as methods of detection and avoidance of cartels in the future are analyzed. Worth mentioning in this current work are the alternative solutions proposed to mitigate these phenomena as much as possible.