The German Higher Regional Court of Celle finds that limited resale price maintenance does not amount to an appreciable restriction of competition (A-Vitalkost)

On 7 April 2016, the Higher Regional Court of Celle held that resale price maintenance in the framework of a promotion offered to pharmacies for the sale of a dietary product did not constitute an appreciable restriction of competition and therefore did not infringe competition law. In 2014, under the terms of a promotional offer, the defendant, a manufacturer of the diet product A-Vitalkost, offered pharmacies a 30% discount on a one-off direct order of 12 to 90 cans of

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  • Van Bael & Bellis (Brussels)

Quotation

Andrzej Kmiecik, The German Higher Regional Court of Celle finds that limited resale price maintenance does not amount to an appreciable restriction of competition (A-Vitalkost), 7 April 2016, e-Competitions Bulletin April 2016, Art. N° 80130

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