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PRESS RELEASE: The Commission for the Protection of Competition with its decision imposed on the following undertakings: 1. Mattheos Ioannou Ready Mix Concrete Ltd, 2. C.Kythreotis Skyrodema Ltd, 3. Skyramix Ltd, 4. Athinodorou & Poullas Super Beton Ltd, 5.Top Mix Concrete Ltd, 6. I & S Kritonis Limited, 7. Betoman Limited, 8.Alfa Concrete Public Company Ltd through its financial successor Alfa Beton Ltd and 9. Psaroudis Beton Limited, a total administrative fine amounting to €1.155.593 for the infringement of Sections 3 (1) (a) and (c) of the Protection of Competition Laws of 2008 and 2014.
15/05/2019


The Commission for the Protection of Competition (hereinafter the “CPC”), following the completion of a preliminary investigation and having evaluated the evidence before it, on 18/7/2018 issued a decision (Decision No: 29/2018) against the above mentioned undertakings. The decision concerned the ex officio investigation regarding the alleged infringement of Sections 3(1)(a) and (c) of the Protection of Competition Laws of 2008 and 2014 ( hereinafter the “Law” ).

The subject matter of the case is the ex officio investigation, regarding the possible infringement of Section 3 of the Law relating to possible collusions by the specific undertakings for the bid rigging of public tenders conducted by the Ministry for Transport Communications and Works, 1. Public Tender no. P.T.D.P.W. (Limassol) 6/2012 tender dated 30/11/2011, 2. Public Tender no. P.T.D.P.W. (Limassol) 15/2012 tender dated 03/02/2012 and 3. Public Tender no. P.T.D.P.W. (Limassol) 54/2012 tender dated 10/06/2012. The public tenders related to the supply and transportation of ready-mix concrete class C15, C20, C25 and C30 for the district of Limassol - Districts 1, 2, 3 and 5.

The CPC, having evaluated the evidence before it unanimously concluded that there are infringements of Sections 3(1)(a) and 3(1)(c) of the Law relating to price fixing and market sharing in the relevant market, as follows:

(a) Mattheos Ioannou Ready Mix Concrete Ltd, C.Kythreotis Skyrodema Ltd, Athinodorou & Poullas Super Beton Ltd, Top Mix Concrete Ltd, I & S Kritonis Limited, Betoman Limited, Alfa Concrete Public Company Ltd through its financial successor Alfa Beton Ltd and Psaroudis Beton Limited, from 30/11/2011 to at least up until 22/12/2011 proceeded to bid rigging of Public Tender no. P.T.D.P.W. (Limassol) 6/2012 concerning the supply and transportation of ready-mix concrete class C15, C20, C25 and C30 for the district of Limassol.

(b) Mattheos Ioannou Ready Mix Concrete Ltd, C.Kythreotis Skyrodema Ltd, Athinodorou & Poullas Super Beton Ltd, Top Mix Concrete Ltd, Skyramix Ltd, I & S Kritonis Limited, Betoman Limited, Alfa Concrete Public Company Ltd through its financial successor Alfa Beton Ltd and Psaroudis Beton Limited from 3/2/2012 to at least up until 24/2/2012 proceeded to bid rigging of Public Tender no. P.T.D.P.W. (Limassol) 15/2012 concerning the supply and transportation of ready-mix concrete class C15, C20, C25 and C30 for the district of Limassol.

(c) Mattheos Ioannou Ready Mix Concrete Ltd, C.Kythreotis Skyrodema Ltd, Athinodorou & Poullas Super Beton Ltd, Skyramix Ltd, I & S Kritonis Limited, Betoman Ltd, Alfa Concrete Public Company Ltd through its financial successor Alfa Beton Ltd and Psaroudis Beton Limited from 10/6/2012 to at least up until 29/6/2012 proceeded to bid rigging of Public Tender no. P.T.D.P.W. (Limassol) 54/2012 concerning the supply and transportation of ready-mix concrete class C15, C20, C25 and C30 for the district of Limassol.

The CPC unanimously decided to impose an administrative fine according to Section 42(1) and 24(a)(i) of the Law 13(I)/2008 on the basis of its decision. In addition, the CPC acting on the basis of Section 24 of the Law, decided to order the undertakings, to immediately terminate the infringement and to avoid repetition.

The CPC acting on the basis of Section 24(a)(i) of the Law 13(I)/2008, decided by majority to impose fines on the undertakings as follows:

(a) an administrative fine of €175.522 (one hundred and seventy five thousand five hundred twenty two euros) on C.Kythreotis Skyrodema Ltd,

(b) an administrative fine of €128.466 (one hundred twenty eight thousand four hundred and sixty six euros) on Mattheos Ioannou Ready Mix Concrete Ltd,

(c) an administrative fine of €76.828 (seventy six thousand eight hundred and twenty-eight euros) on Betoman Ltd,

(d) an administrative fine of €312.262 (three hundred twelve thousand two hundred and sixty two euros) on Alfa Concrete Public Company Ltd through its financial successor Alfa Beton Ltd.

(e) an administrative fine of €207,566 (two hundred and seven thousand five hundred and sixty six euros) on Athinodorou & Poullas Super Beton Ltd,

(f) an administrative fine of €21,850 (twenty-one thousand eight hundred and fifty euros) on Top Mix Concrete Ltd,

(g) an administrative fine of €50,018 (fifty thousand eighteen euros) on Skyramix,

(h) an administrative fine of €114,366 (one hundred and fourteen thousand three hundred and sixty six euros) on I & S Kritonis Limited, and

(i) an administrative fine of €68,715 (sixty eight thousand seven hundred and fifteen euros) on Psaroudis Beton Limited.

The Chairperson of the CPC, given the gravity of the infringement, taking into account a number of factors that she analyzed in her position, had the view that the amount of the fines imposed on all undertakings should be much higher for all of them. Mr Aristos Aristidou Palouzas, expressed the view that the fine concerning C.Kythreotis Skyrodema Ltd, Mattheos Ioannou Ready Mix Concrete Ltd and Betoman Ltd should be lower, whereas he also stated, that there are aggravating circumstances regarding Alfa Concrete Public Company Ltd through its financial successor Alfa Beton Ltd, which justify the imposition of a higher fine on the undertaking.

COMMISSION FOR THE PROTECTION OF COMPETITION








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