The Spanish Competition Authority declares exempt retail price maintenance practices by a cosmetics laboratory on the basis of the de minimis theory (Laboratorio Martí Tor)

The Spanish Competition Authority (“SCA”) has considered in a decision dated 15 December 2016 that certain retail price maintenance (“RPM”) practices carried out by cosmetic laboratory Martí Tor was not capable of significantly affecting competition, and thereby, of infringing Article 1 of the Spanish Competition Law (“SCL”). [1] I. Introduction and facts On the basis of a complaint submitted to the Basque Competition Authority (subsequently referred to the SCA) against laboratory Martí Tor Impomedic, S.L. (“Martí Tor”), a pharmacy located in San Sebastian alleged that Martí Tor imposed minimum prices on certain cosmetic products (such as proteoglycans ampoules), and refused to supply the products to the complainant for not having followed such prices. Martí Tor is active in the manufacturing

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Carlos Vérgez Muñoz, The Spanish Competition Authority declares exempt retail price maintenance practices by a cosmetics laboratory on the basis of the de minimis theory (Laboratorio Martí Tor), 15 December 2016, e-Competitions Bulletin December 2016, Art. N° 85268

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