Non-Price Discrimination in the Greek Wholesale Electronic Communications Market – The Decision of the Greek NRA and Competition Authority (EETT)

Xanthi Bitzidou, Lawyer, E.E.T.T, Greece

The Greek case of ’Non-discrimination’ in the Electronic Communications market - (EETT Decision N. 826/04/2017 ) During 2017, the Greek NRA EETT , which represents both the NRA and the Competition authority of the Greek Electronic Communications market, issued a significant fine decision. The decision ascertained that OTE (the Greek incumbent), infringed in the first place the Greek Electronic Communications legislation ,whereas at the same time, the operator was found to abuse its dominant position in the relevant wholesale market, through the practice of discrimination, in favor of its retail part. The decision imposed a fine of 2,8 million € to OTE for the Greek Electronic Communications legislation infringement and 3,5 million € for the abuse of dominance, i.e. infringing the Greek competition law (Art.2 of Law 3959/2011 ).

Xanthi G. Bitzidou is a Greek Lawyer with an extensive experience in the full range of EU and Greek competition law (antitrust, merger/acquisitions and state aid), sectoral experience in the Electronic Communications, Media and Postal markets, Corporate Law and Litigation. Ms. Bitzidou obtained her Law Diploma at the University of Thessaloniki (Greece), holds a Master in EU Business Law from the ’Institut d’études européennes’ of U.L.B (Belgium) and also an MPhil from the University of Kent (UK) in ’EU Competition law and Telecommunications’. Her EU and Greek professional experience includes a stage at the EU Commission (former DG Small-Medium Enterprises), the Brussels office of Squire Sanders and Dempsey and the EU/Brussels office of a German Telecoms/Technology Consultancy. Since 2005, she is a lawyer at the legal department of E.E.T.T (Hellenic Telecommunications and Posts Commission), where for the last 13 years she handles the full range of regulatory issues and competition matters of both the Electronic Communications and Postal sectors. Ms Bitzidou has authored a book and relevant articles on the topics of EU Law, Competition Law and Electronic Communications/Media. She is fluent in Greek, English, French and Italian and she is a member of the Athens Bar Association.

The Hellenic Telecommunications and Post Commission (EETT) is an Independent Administrative Authority, which was was established in 1992. It acts as the National Regulator that monitors, regulates and supervises: (a) the electronic communications market, within which fixed and mobile telephony, wireless communications and Internet access providers operate and (b) the postal services market, within which postal and courier service providers operate. Moreover, EETT is entrusted with the competences to act as the Competition Authority in the said markets.