On December 7, the plenary session of the Competition Commission will consider the issue of the policy pursued by OPAP regarding the exclusivity clauses.
According to a relevant announcement "on December 7, 2021, the plenary session of the Competition Commission will meet to discuss the report on the complaints from the civil association" Professional Gambling Agents Limited Liability Cooperative "(SEPPP) and 60 sole proprietorships and 5 full-fledged companies against the company "Organization of Football Prediction Games SA" (OPAP) for violations of competition law.
In both of the submitted complaints, the complained practices of OPAP refer to the clauses that the company imposes on the cooperating companies that operate OPAP agencies through the Agency Agreement, as amended and entered into force in 2017. According to the suggestion, OPAP, through these exclusivity and non-competition clauses, leverages its power in the wider gambling market to the detriment of non-gambling activities.
In this way, both existing (including SEPP) and potential competition are excluded, thus limiting competition to ancillary services that have nothing to do with gambling.
After examining the facts of the case file, the rapporteur's report proposes the following:
1. To establish the violation of article 1 of law 3959/2011 and 101 TFEU and to impose a fine on the company for the duration of its participation in the violation for the reasons that are extensively mentioned in the Report.
2. To establish the violation of article 2 of law 3959/2011 and 102 TFEU and to impose a fine on the company for the duration of its participation in the violation for the reasons that are extensively mentioned in the Report.
3. To oblige the company to stop the established violation, to the extent that it continues and to omit it in the future.
4. The company should be threatened with a fine if a decision of the Competition Commission confirms the continuation or repetition of the established violation.
It is recalled that the proposal is not binding on the Competition Commission, which will decide taking into account the facts of the process and the views of the parties.