The Plenary Session of the Hellenic Competition Commission (HCC), in its unanimous Decision No. 923/2026, accepted the Settlement Proposal submitted by BIOKOSMOS and imposed a reduced fine of €123,106.38 for abuse of a dominant position through the imposition of exclusive supply, in breach of Article 2 of Law 3959/2011 and Article 102 TFEU.
The case concerns the supply of the radiopharmaceutical F18-FDG to private providers — nuclear medicine laboratories contracted with the E.O.P.Y.Y. — for PET-CT scans. The investigation by the Directorate-General for Competition was launched following a complaint from a company operating in the sector. BIOKOSMOS, against which sufficient evidence had been gathered to establish an infringement, applied to enter the settlement procedure, in accordance with paragraph 16 of HCC Decision No. 790/2022.
According to the investigation, BIOKOSMOS held a dominant position in the relevant market for the supply of radiopharmaceuticals for PET-CT scans from 2019 through the first months of 2022. Between August 2021 and March 2022, BIOKOSMOS imposed a trading condition on providers — nuclear medicine laboratories contracted with E.O.P.Y.Y. — which, under the specific market conditions, resulted in de facto exclusivity in its favour, as it was capable of significantly restricting the only alternative supplier’s access to customers in the market.
Refusal to fulfil orders
Specifically, BIOKOSMOS informed providers that PET-CT imaging laboratories could obtain the radiopharmaceutical F18-FDG from only one supplier per day. This requirement was presented as an obligation under their contract with E.O.P.Y.Y., although the case file showed that no such condition was included in the contract. The mandatory nature of the practice was confirmed when the company refused to fulfil orders from a particular PET-CT imaging laboratory because it had scheduled radiopharmaceutical deliveries from a competitor on the same day.
It is recalled that, under settled EU case law, exclusive supply (an exclusivity agreement or obligation) by a company in a dominant position may distort effective competition and constitutes an infringement of Article 2 of Law 3959/2011 and Article 102 TFEU as a practice that produces exclusionary effects.
The HCC Plenary Session decided to accept the Settlement Proposal submitted by BIOKOSMOS, in line with the reasoning set out in the Rapporteur’s Report, and to impose a fine of €123,106.38. It is also noted that this is the first abuse-of-dominance case to be handled under the HCC’s Settlement Procedure.