The Competition Authority, in the interest of transparency and accurate public information, considers it necessary to clarify certain elements regarding the statements recently made in the media concerning the decision of the Competition Commission relating to several entities operating in the market for the collection and trade of agricultural products.
First, it is important to clarify that the decision of the Competition Commission is not related to personal relationships or the existence of any formal cooperation between the investigated entities, but rather to the finding of concerted conduct in the market, which under the law constitutes a violation of competition rules, regardless of whether the undertakings are or are not in direct relations with one another. The Law on the Protection of Competition prohibits any practice that aims at or results in the coordination of the conduct of undertakings, even when such coordination occurs indirectly.
In this context, the claim that “there has been no communication or agreement between the parties” does not exclude the existence of concerted conduct, which is assessed on the basis of economic analysis, the structure of the market, and the actual behavior of operators within it.
Likewise, the Authority wishes to clarify that all entities involved in the proceedings, including those that are now expressing themselves publicly, were invited and participated in hearings before the Competition Authority, where they had the opportunity to present their positions, explanations, and evidence. These hearings are recorded in accordance with procedural requirements, and each entity has the right to be acquainted with their content, in line with the provisions of the law.
With regard to the issue of the execution of fines, the Authority recalls that, in accordance with Article 80 of Law No. 9121/2003 “On the Protection of Competition”, decisions of the Commission imposing fines constitute enforceable titles, regardless of the right of the entities to appeal them before the court. The exercise of the right to appeal does not automatically suspend the enforcement of the decision, except in cases expressly provided for by law.
The Competition Authority emphasizes that the purpose of its intervention is not to penalize economic activity, but to ensure the fair functioning of the market, the protection of farmers and consumers, and the prevention of practices that may distort competition. In this regard, experts in the field have also assessed that the institutional intervention has contributed to market stabilization and to the avoidance of unjustified price fluctuations.
The Competition Authority remains open to institutional dialogue and continues to perform its duties in an independent, professional manner and in full compliance with the law, in the interest of the proper functioning of markets and the protection of the public interest.