HCC Decision 758/2021: Can Association Statutes Violate Competition Law?

This article examines HCC Decision 758/2021, where the Hellenic Competition Commission (the "HCC") assessed whether a rule in a professional association's statute could violate competition law, even if it is never put into effect. The case concerned a clause in the statute of the "Association of Elevator Installers and Maintainers of Northern Greece" ("SYSEVE") which allowed the Board of Directors to set minimum remuneration rates for its members. Even though the clause was never applied in practice, the HCC found that its mere existence amounted to a "decision of an association of undertakings" and an automatic restriction of competition under Article 1 of Law no. 3959/2011 on the Protection of Free Competition ("Law no. 3959/2011") (national equivalent of Article 101 TFEU and restriction of competition by object). The HCC also considered the infringement to be ongoing as long as the clause remained in place. This article summarizes the ruling and highlights the