The Commission for the Protection of Competition (hereinafter the “CPC”), following the completion of a preliminary investigation and acting under Section 17 of the Protection of Competition Laws of 2008 and 2014 (hereinafter the "Law"), decided to initiate proceedings against Hermes Airports Ltd, concerning a prima facie infringement of Section 6(1)(a) of the Law and to this effect it has notified a Statement of Objection to the aforementioned undertaking.
The preliminary investigation is a result of a complaint lodged by Y. Karydas Car Engineering & Valeting Services Ltd (DRIVE & FLY).
The prima facie infringement of the Law concerns:
A, prima facie, infringement of Section 6(1)(a) of the Law by Hermes Airport Ltd, which holds a dominant position in the relevant market for the management of Larnaka International Airport (hereinafter the "LIA") and its facilities as well as in the relevant market for the supply of parking spaces within the LIA for services provided by other companies, as a result of its practices and the terms and conditions it imposes to the complainant undertaking which uses parking spaces in LIA for providing valet parking services; these practices appear prima facie to aim to displace and/or take advantage of its competitors in the relevant market for the supply of car parking services for passengers, and in particular in the supply of valet parking services in the LIA.
The CPC notes that this announcement is not binding, but merely informative. The notification of the Statement of Objection does not in any way predetermine the final outcome of the case or can in any way influence and/or replace the Commission's final decision.
The CPC, upon the completion of the proceedings concerning the case and after conducting the relevant oral proceeding before it and thoroughly evaluating the oral and written observations of all parties involved as well as the documents of the file, will issue a duly reasoned decision as to whether Hermes Airport Ltd has infringed the Law. The final decision will be communicated to the undertakings concerned and published in the Official Gazette of the Republic and on the Commission’s website, ensuring confidentiality of business secrets and/or other information of confidential nature of all parties involved.
This press release is issued on the basis of Section 23(2)(k) of the Law.
Notes:
1. The CPC shall decide on the basis of Section 17 of the Law to initiate the proceedings for the investigation of an infringement, as long as it finds, following a preliminary investigation, that an infringement of the provisions of Section 3 and/or 6 and/or Articles 101 TFEU and/or 102 TFEU is possible.
2. The CPC shall prepare a written statement in order to inform the undertakings or associations of undertakings on the objections raised to their detriment.
3. Where the existing information before the CPC is changed or new information arises, the CPC may proceed to the modification of any objections raised against the undertakings or associations of undertakings concerned and the preparation and communication of a modified statement of objections to the undertakings or associations of undertakings concerned.
4. The Statement of Objections is a procedural and a preliminary document which indicates the subject matter of the procedure in order to safeguard effectively the rights of defence of the undertakings or associations of undertakings.
5. During the proceedings before the CPC for the investigation of infringements or for the investigation of complaints lodged pursuant to the Law, of for any other proceedings provided by the Law and/or the regulations made thereunder, there shall be allowed to be present-
(a) Upon invitation from the CPC-
(i) the persons who lodged the complaint, personally, through an authorized lawyer or personally with an authorized lawyer,
(ii) the persons who lodged the complaint, personally, through the persons involved in the proceedings or/and the complaint before the Commission,
(iii) any person, who may, at the Commission's discretion, help in the investigation of the infringement or/and the complaint;
THE COMMISSION FOR THE PROTECTION OF COMPETITION
5/11/2015
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