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 Henkel AG & Co KGaA and its subsidiary GPM Henkel Ltd, jointly and severally, concerning a prima facie infringement of Section 6(1)(b) of the Protection of Competition Law (L. 13(I)/2008), as amended (hereinafter the “Law”) and Article 102 (b) of the Treaty for the Functioning of the EU (hereinafter the "TFEU") and to this effect it has notified Statements of Objections to the aforementioned undertakings.
The preliminary investigation is a result of a complaint lodged by K.A.C Constantinides Trading Ltd.
The prima facie infringement concerns:
A, prima facie, infringement of Section 6(1)(b) of the Law and Article 102 (b) of the TFEU by Henkel AG & Co KGaA and its subsidiary GPM Henkel Ltd, for the abuse of a dominant position in the relevant market of wholesale distribution of heavy duty laundry detergents in the Republic of Cyprus by applying exclusionary and/or obstructive practices to parallel importers in the market and/or exclusive supply practices of Dixan products that result or may result in limiting the distribution of products in the market and distorting effective competition to the detriment of consumers.
The CPC notes that this announcement is not binding, but merely informative. The notification of the Statements of Objections 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 Henkel AG & Co KGaA and its subsidiary GPM Henkel Ltd have infringed the Law and the TFEU. 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 decides 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 prepares 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
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