The Polish Appeal Court in Warsaw upholds the decision of the Competition and Consumers Protection Court introducing economic analysis to the review of an exclusivity clause in distribution agreements (Lesaffre)

Background - the OCCP decision On 29 December 2006, the President of the Office for Competition and Consumer Protection (”OCCP”) issued an administrative decision finding that the Polish subsidiary of Lesaffre (French food ingredients yeast and biotechnology company and worldwide leader in the production of yeast) ("Lesaffre")and 45 of its distributors infringed competition law by including in its distribution agreements certain clauses that restricted competition in the Polish market for the wholesale of yeasts [1]. Between 2002 and 2005 the yeast manufacturer and 45 of its distributors concluded additional agreements (ancillary to the main distribution agreement) providing that, in exchange for a special bonus, the distributors were obliged to buy yeasts exclusively from the

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  • Hogan Lovells (Warsaw)

Quotation

Robert Gago, The Polish Appeal Court in Warsaw upholds the decision of the Competition and Consumers Protection Court introducing economic analysis to the review of an exclusivity clause in distribution agreements (Lesaffre), 25 February 2010, e-Competitions Bulletin Exclusivity clause, Art. N° 30929

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