EU Resale Price Maintenance

Anticompetitive practices

Resale Price Maintenance: An overview of EU and national case law
RBB Economics (London)
This article provides an overview of the current economic and policy thinking on minimum resale price maintenance (RPM), the practice whereby upstream suppliers enter into agreements with their downstream retailers or re-sellers which specify a minimum price at which they can sell their (...)

Resale Price Maintenance: A synthesis of national case laws (Reports)
Delphi (Stockholm)
Report prepared for the LIDC International Congress, Bordeaux, 30 September - 3 October 2010. The original title of this report was an answer to Question A: "Which, if any, agreements, practices or information exchanges about prices should be prohibited in vertical relationships?" 1. (...)

Resale Price Maintenance: An overview of EU and national case law
E.CA Economics (Berlin)
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E.CA Economics (Berlin)
Introduction The classification of resale price maintenance (RPM) within a competition law context has been the subject of controversy for decades. Until recently in the US, RPM - in its form of a minimum or fixed resale price - was considered illegal per se. In 2007 the US Supreme Court in its (...)

The Danish Public Prosecutor settles charges of of resale price maintenance to some of the company’s dealers and the prevention of parallel imports and passive sales (Witt Hvidevarer)
Danish Competition and Consumer Authority (Copenhagen)
Denmark: ”Distributor of white goods pays fine in settlement for resale price maintenance and prevention of parallel imports and passive sales”* On 10 July, 2014, the company Witt Hvidevarer (a Danish distributor of white goods) entered into a settlement with the Danish Public Prosecutor for (...)

The Canadian Competition Tribunal suspends the registration of the consent agreement pending the determination of application pursuant to Section 106(2) related to a price MFN clause on the market for e-books retail (Kobo)
Affleck Greene McMurtry
The Ebooks Saga: Kobo’s challenge explained* Ebook retailer Kobo is challenging a settlement entered into by the Competition Bureau with ebook publishers. The settlement has been stayed pending this challenge. Kobo’s challenge may have major implications for competition law enforcement in (...)

The Australian Competition Authority receives a court enforceable undertaking concerning discontinuation of resale price maintenance and compliance program (KitchenAid)
Australian Competition and Consumer Commission
KitchenAid distributor undertakes not to induce retailers on minimum prices* Peter McInnes Pty Ltd (Peter McInnes), an importer and wholesaler of kitchenware products including KitchenAid stand mixers, has acknowledged concerns from the Australian Competition and Consumer Commission that it (...)

The Canadian Supreme Court of British Columbia certifies a competition law class action subject to a requirement for the plaintiff to redraft her pleadings to conform to several key court holdings (Watson / Bank of America)
Steve Szentesi Law Corporation
BC Court Certifies Visa/MasterCard Conspiracy Class Action* In an interesting and important decision issued late last week, the British Columbia Supreme Court has certified a Competition Act class action against Visa Canada Corporation, MasterCard International Inc. and a number of major banks (...)

The Canadian Competition Bureau consults the public concerning new draft guidelines on price maintenance enforcement
Steve Szentesi Law Corporation
Competition Bureau Issues New Draft Price Maintenance Enforcement Guidelines* Canada’s Competition Bureau has issued new Price Maintenance Enforcement Guidelines for public comment (see: Competition Bureau Seeks Comments on its Draft Price Maintenance Guidelines). In making the announcement, (...)

The Danish Competition and Consumer Authority settles fines imposed for resale price maintenance between a distributor of hair products and some of its dealers (Coss)
Danish Competition and Consumer Authority (Copenhagen)
Denmark: ”Distributor of hair products pays fine in settlement for resale price maintenance”* On November 29, 2013, the company Coss (a Danish distributor of hair products) entered into a settlement with the Danish Competition and Consumer Authority and accepted to pay a fine of DKK 100.000 (€ (...)

The Lisbon Appeal Court confirms fines for resale price maintenance relating to dairy products in the ’horeca’ sector (Lactogal)
Eduardo Paz Ferreira & Associados
In July 2012, the Portuguese Competition Authority (PCA) found that Lactogal infringed the national provision equivalent to Article 101 TFEU in several markets for distribution and sale of dairy products in the hotel, restaurant and café (or hotel and catering) sector. Specifically, the PCA (...)

The Hungarian Competition Authority imposes fines for resale price maintenance on the market for dental handpieces (Dentalwerk Bürmoos)
Hungarian Competition Authority (Budapest)
Restrictive agreements on the market of dental handpieces* The Hungarian Competition Authority (Gazdasági Versenyhivatal – GVH) established that W&H Dentalwerk Bürmoos GmbH and certain of its distributors had breached EU competition rules by concluding restrictive agreements which fixed the (...)

The Austrian Cartel Court imposes fines for resale price maintenance in food sector (Kärntnermilch, Vereinigte Kärntner Brauereien, Brauerei Schloss Eggenberg Stöhr)
European Commission (Brussels)
Austria: The Cartel Court imposes Fines for Resale Price Maintenance in Food Sector* In December 2013 and January 2014,the Cartel Court (the Court) took several decisions imposing fines on companies active in the food sector for having infringed Article 101 TFEU and §1 of the Austrian Cartel (...)

The Federal Court of Australia orders by consent the payment of $2.2 million in penalties for engaging in resale price maintenance for branded air conditioning products (Mitsubishi Electric)
Australian Competition and Consumer Commission
Mitsubishi Electric Australia to pay $2.2 million for resale price maintenance* The Federal Court of Australia has ordered by consent that Mitsubishi Electric Australia Pty Ltd (Mitsubishi Electric) pay $2.2 million in penalties for engaging in resale price maintenance. Resale price (...)

The Australian Competition and Consumer Commission takes action against alleged cartel conduct relating to the supply of ball and roller bearings for use in motor vehicles and industrial applications (NSK)
Australian Competition and Consumer Commission
ACCC takes action against NSK for alleged cartel conduct* The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court, Sydney, against NSK Australia Pty Ltd (NSK) for alleged cartel conduct relating to the supply of ball and roller bearings for use in (...)

The Canadian Competition Tribunal denies leave to merchant to bring price maintenance application challenging wholesale pricing structure for tobacco products (Safa Enterprises / Imperial Tobacco)
Affleck Greene McMurtry
Tobacco price maintenance case goes up in smoke* A Vancouver convenience store operator’s attempt to force Imperial Tobacco to offer it lower prices was filtered out by the Competition Tribunal. Safa Enterprises Inc. operates “My Convenience Store”. Its competitor, New Hasty Market, pays less (...)

The Australian Federal Court receives a file concerning alleged resale price maintenance on the market for branded air conditioning products (ACCC / Mitsubishi Electric)
Australian Competition and Consumer Commission
ACCC institutes proceedings against Mitsubishi Electric Australia for alleged resale price maintenance* The Australian Competition and Consumer Commission has filed proceedings in the Federal Court against Mitsubishi Electric Australia Pty Ltd (Mitsubishi Electric) for allegedly engaging in (...)

The Danish Competition and Consumer Authority enters into a settlement with a clothing company in a resale price maintenance case (Vila)
Danish Competition and Consumer Authority (Copenhagen)
On 31 October 2013, the clothing company Vila A/S (“Vila”) and two persons from the management entered into a settlement with the Danish Competition and Consumer Authority (“DCCA”) for infringing section 6 of the Danish Competition Act by imposing resale price maintenance on some of its dealers. (...)

The Danish Competition and Consumer Authority settles fines with a fashion brand company for resale price maintenance (Vila)
Danish Competition and Consumer Authority (Copenhagen)
Vila pays fine in settlement for resale price maintenance* On October 30, 2013, Vila entered into a settlement with the Danish Competition and Consumer Authority for infringing section 6 of the Danish Competition Act by imposing resale price maintenance to some of the company’s dealers. (...)

The Austrian Cartel Court imposes fines for resale price maintenance between producers and supermarkets (Emmi, Ried)
European Commission (Brussels)
Austria : Cartel Court imposes Fines for Resale Price Maintenance* The Cartel Court (the Court) adopted two decisions imposing fines for breach of Article 101 TFEU and of § 1 of the Austrian Cartel Act 2005 by Resale Price Maintenance (RPM) between producers and supermarkets. In the first (...)

The Hungarian Competition Authority establishes vertical restrictive agreements between book publishers and retailers and imposes fines (Pécsi Direkt)
Hungarian Competition Authority (Budapest)
Restrictive agreements on the book market* The Hungarian Competition Authority (Gazdasági Versenyhivatal - GVH) determined that Pécsi Direkt Kereskedelmi és Szolgáltató Kft., Líra Könyv Zrt., Libri Könyvkereskedelmi Kft, and Sun Books Könyvkereskedelmi Kft ("f.a." - being liquidated), which are book (...)

The Turkish Competition Authority finds that optimum price system of the multinational producer of hygiene, health and home care products does not amount to resale price maintenance, but its non-competition clauses do not benefit from block exemption (Reckitt Benckiser)
University of Sussex
This study analyses the decision of the Turkish Competition Authority (TCA) in which it has decided that optimum price system of the multinational producer of hygiene, health and home care products, Reckitt Benckiser, did not amount to resale price maintenance, but its non-competition clauses (...)

The Australian Federal Court establishes that the defendant has been directly knowingly involved in the anticompetitive arrangements and imposes criminal sanctions (Chaste Corporation)
Australian Competition and Consumer Commission
Peter Foster sentenced for contempt of court* The Federal Court has sentenced Peter Foster to three years imprisonment, with 18 months to be served and 18 months suspended, for contempt of court. Justice Logan also placed conditions on Mr Foster’s involvement in the weight loss, cosmetic or (...)

The UK OFT issues statement of objections to sports bra supplier and three department stores for alleged resale price maintenance (DB Apparel, John Lewis, Debenhams Retail and House of Fraser)
European Commission (Brussels)
United Kingdom: The Office of Fair Trading issues Statement of Objections to Sports Bra Supplier and Three UK Department Stores* On 20 September 2013, the Office of Fair Trading (OFT) issued a Statement of Objections to a manufacturer of sports bras and three UK department stores alleging (...)

The Serbian Competition Authority exempts an agreement between the national telecommunication company and the distributor of prepaid mobile services containing resale price maintenance clauses (Telecom Serbia - DTM Investments)
Serbian european integration office
The Serbian Antitrust Authority (AA) passed the decision on 13 September 2013 (DTM decision) to individually exempt an agreement on general distribution of prepaid mobile communication services concluded between the “Telecom Serbia” (TS) and the “DTM Investments” (DTM) from prohibition of (...)

The Canadian Competition Tribunal holds that ’merchants rules’ adopted by two leading credit card network providers do not constitute resale price maintenance (MasterCard and Visa)
Affleck Greene McMurtry
Priceless: Competition case against Visa and MasterCard dismissed* The Competition Tribunal recently held that Visa and MasterCard’s rules do not constitute resale price maintenance, because their product, credit card network services, is not resold by their customers (known as “acquirers”). The (...)

The US District Court for the Southern District of New York establishes collusion to eliminate retail price competition for e-books and imposes restrictions on deals with publishers for the next five years (Apple)
DLA Piper Weiss-Tessbach (Vienna)
U.S. District Court rules Apple colluded on E-Book Prices* On 10 July 2013 the District Court in Manhattan ruled in United States v. Apple Inc., et al that Apple conspired with five major publishers to raise prices on e-books. The publishers settled and denied any wrongdoing. However, the case (...)

The Austrian Cartel Court imposes fine for resale price maintenance in the milling industry (Vorarlberger Mühlen)
European Commission (Brussels)
Austria: The Cartel Court imposes Fine in Milling Industry* On 3 September 2013, the Cartel Court imposed a € 58 500 fine on Vorarlberger Mühlen- und Mischfutter GmbH (Vorarlberger Mühlen) for Resale Price Maintenance (RPM) between the latter and a number of retailers (Court reference number 29 (...)

The Polish Competition Authority fines the leader of the distribution network for RPM arrangements and market sharing (Bona-Polska)
WKB Wierciński Kwieciński Baehr (Warsaw)
In its decision of 28 August 2013 the Polish competition authority (Prezes Urzędu Ochrony Konkurencji i Konsumentów, hereinafter referred to as the “OCCP President” or the “PCA”) has fined Bona-Polska with the amount of PLN 81,287.88 (approximately €20,322.00) for imposing fixed and minimum resale (...)

The Polish Competition Authority mulls over RPM agreements with elements of hub-and-spoke arrangements in the market for pay-TV services (Sports Broadcasting)
WKB Wierciński Kwieciński Baehr (Warsaw)
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Freshfields Bruckhaus Deringer (Brussels)
In the decision of 21 August 2013 in Sports Broadcasting, the Polish competition authority (Urząd Ochrony Konkurencji i Konsumentów, the UOKiK), had the uncommon opportunity of analysing resale price maintenance (RPM) agreements with elements of hub-and-spoke arrangements. This is the fifth case (...)

The UK OFT issues draft commitments in an investigation into the sector for hotel online booking (IHG / Expedia / Booking.com)
Accenture (Dublin)
Hotel Online Booking: The OFT announces its intention to accept binding commitments* On 9 August 2013, the OFT issued draft commitments in the Hotel Online Booking investigation. The OFT has investigated the relevant markets for over 2 years and has provisionally found that certain hotels (...)

The Chinese NDRC imposes fines on several foreign infant milk formula companies for price fixing (Nestlé, Abbott Laboratories)
King & Wood Mallesons (New York)
The Second RPM Investigation by NDRC within this Year* In May 2013, the National Development and Reform Commission (“NDRC“) initiated the investigation against several infant formula companies for the alleged violation of Article 14 of the Antimonopoly Law (“AML“). This is the second (...)

The Chinese NDRC imposes record fines on six major infant formula makers for vertical price-fixing practices (Biostime, Mead Johnson, Dumex, Abbott, FrieslandCampina, Fonterra)
University of Political Science & Law of China
I. Facts and Background On August 7, 2013, China’s top enforcer in charge of curbing price monopolies, the National Development and Reform Commission (“NDRC”) announced its decision to levy fines in the total amount of CNY 668.73 million (about USD 108.34 million) on six infant formula producers (...)

The Chinese Shanghai Higher Court renders final judgment in first antitrust private action (Rainbow / Johnson & Johnson)
King & Wood Mallesons (New York)
Chinese Court Rendered Final Judgment on Rainbow v. Johnson & Johnson – the First Antitrust Private Action of Vertical Monopolistic Agreement* On 1 August 2013, the very same day of the fifth anniversary of China’s Anti-Monopoly Law (“AML”), Shanghai Higher People’s Court (“Shanghai Higher (...)

The German Competition Authority imposes fines on account of vertical price fixing practices on the market for distribution of natural cosmetics (Dr. Hauschka)
German Competition Authority (Bonn)
Fine imposed on WALA Heilmittel GmbH for vertical price fixing practices involving Dr Hauschka cosmetics products* Bonn, 31 July 2013: Today the Bundeskartellamt has imposed fines amounting to a total of approx. € 6.5 million on WALA Heilmittel GmbH, Bad Boll, and representatives of the (...)

The German Competition Authority continues to view the best price clause used by a hotel booking portal in a critical manner (HRS)
German Competition Authority (Bonn)
Bundeskartellamt continues to view HRS’s best price clause critically* The Bundeskartellamt has confirmed its competition concerns about the best price clause used by the hotel booking portal HRS. After examining the statements of HRS and all other relevant market participants, the (...)

The Danish Competition and Consumer Authority announces that a white goods manufacturer has accepted to pay a fine of € 161,000 for having entered into illegal price maintenance agreements with its dealers and for having prevented parallel imports (Miele)
Van Bael & Bellis
On 25 July 2013, the Danish Competition and Consumer Authority (“DCCA”) announced that the white goods manufacturer Miele A/S has accepted to pay a fine of DKK 1.2 million (around € 161,000) for having entered into illegal price maintenance agreements with its dealers and for having prevented (...)

The Israeli Antitrust General Director applies a "Self Assessment" regime on non-horizontal restrictive arrangements
Eshel, Ashlagi, Rozent Law Offices (Bnei-Brak)
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Eshel, Ashlagi, Rozent Law Offices (Bnei-Brak)
Introduction On July 25, 2013, the Restrictive Trade Practices General Director (the "General Director") issued a new block exemption - the Restrictive Trade Practices Rules (Block Exemption for Non-Horizontal Arrangements which do not Include Certain Price Restrictions), 2013 (the "Block (...)

The Danish Public Prosecutor for Serious Economic and International Crime settles with a cartel participant, major player in the market for white goods (Miele)
Danish Competition and Consumer Authority (Copenhagen)
Miele A/S, Denmark, pays fine in settlement for resale price maintenance and prevention of parallel imports on white goods* On July 18, 2013, Miele A/S, Denmark, entered into a settlement with the Danish Public Prosecutor for Serious Economic and International Crime for infringing section 6 of (...)

The Bulgarian Competition Authority finds resale price maintenance practices on the sunflower oil market (Kaliakra)
University of Technology (Tallinn)
On 17 July 2013 the Bulgarian Competition Authority (CPC) prosecuted the producer of bottled sunflower oil Kaliakra AD (Kaliakra) and its distributors for engaging in the resale price maintenance (RPM) practices. The CPC’s investigation was commenced after the completion of the sector inquiry (...)

The US Court of Southern District of New York clarifies what determines liability of the vertical participant B in an A-B-C information exchange (Apple)
University of Cambridge
e-books: Vertical participation in hub and spoke agreements* The 10 July judgment in the American e-books case (US v Apple) addresses an important question not yet examined under European competition law: what determines the liability of the vertical participant (“B”) in an A-B-C information (...)

The Danish Competition and Consumer Authority enters into a settlement with distributor of leisure weapons in a resale price maintenance case (HG Agencies)
Danish Competition and Consumer Authority (Copenhagen)
On 30 June 2013, the owner of the Danish distributor of leisure weapons, HG Agencies entered into a settlement with the Danish Competition and Consumer Authority for infringing section 6 of the Danish Competition Act by imposing resale price maintenance on one of its dealers. Under the (...)

The Polish Competition Authority imposes fines on a franchisor for practising fixed and minimum prices of goods on its trading partners (Sfinks Polska)
Wiercinski Kwiecinski Baehr (Poznan)
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WKB Wierciński Kwieciński Baehr (Warsaw)
Franchise networks under siege from the Polish competition authority over alleged RPM arrangements* In its decision of 25 June 2013, the Polish competition authority has fined Sfinks Polska the amount of PLN 464,228.92 (approximately €107,000) for imposing fixed resale prices on its (...)

The Polish Competition Authority reminds franchisors that resale price maintenance is a hardcore violation of competition law (Sfinks Polska)
Freshfields Bruckhaus Deringer (Brussels)
In its unprecedented decision of 25 June 2013 in Sfinks Polska, the President of the Polish competition authority (Prezes Urzędu Ochrony Konkurencji i Konsumentów, the UOKiK), established a list of competition law “don’ts” in franchise agreements. While the UOKiK’s jurisprudence in relation to (...)

The Danish Competition Authority cartel settles with a domestic distributor of leisure weapons (HG Agencies)
Danish Competition and Consumer Authority (Copenhagen)
Distributor of leisure weapons pays fine in settlement for resale price maintenance* On June 30, 2013, the owner of the company HG Agencies (a Danish distributor of leisure weapons) entered into a settlement with the Danish Competition and Consumer Authority for infringing section 6 of the (...)

The Hungarian Competition Authority discontinues the proceedings concerning the practice of recommended end-user prices contained in contracts with cash-register services providers (ALT CASH)
Hungarian Competition Authority (Budapest)
The GVH terminated its proceedings against ALT CASH Kft.* The Hungarian Competition Authority (hereinafter: GVH) terminated the proceedings it had initiated against ALT CASH Kereskedelmi és Szolgáltató Kft. for a suspected infringement of the prohibition of restrictive agreements. Based on the (...)

The French Court of Appeal upholds fine of € 1.34 M imposed on toy distributor for unlawful resale price maintenance (Kontiki)
Van Bael & Bellis
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Van Bael & Bellis
On 16 May 2013, the French Court of Appeal confirmed a decision of the French Competition Authority imposing a fine of € 1.34 million on toy distributor Kontiki SAS for engaging in unlawful resale price maintenance. On 15 December 2011, the French Competition Authority found that Kontiki (...)

The Danish Competition and Consumer Authority enters into a settlement with an international consumer goods manufacturer in a resale price maintenance case concerning ice cream (Unilever Denmark)
Danish Competition and Consumer Authority (Copenhagen)
On 30 April 2013, Unilever Danmark A/S (Danish subsidiary of the international consumer goods manufacturer, Unilever) entered into a settlement with the Danish Competition and Consumer Authority for infringing section 6 of the Danish Competition Act by imposing resale price maintenance on some (...)

The Danish Public Prosecutor for Serious Economic and International Crime settles in a case of resale price maintenance in relation to dealers and the prevention of parallel imports (Bosch / Siemens)
Danish Competition and Consumer Authority (Copenhagen)
BSH pays fine in settlement for resale price maintenance and prevention of parallel imports on white goods* On April 24, 2013, BSH White Goods entered into a settlement with the Danish Public Prosecutor for Serious Economic and International Crime for infringing section 6 of the Danish (...)

The Danish Public Prosecutor for Serious Economic and International Crime enters into a settlement with a white goods manufacturer in a resale price maintenance case (Witt Hvidevarer)
Danish Competition and Consumer Authority (Copenhagen)
On 24 April 2013, BSH Hvidevarer A/S (Danish subsidiary of the international home appliances manufacturer, BSH) entered into a settlement with the Public Prosecutor for Serious Economic and International Crime for infringing section 6 of the Danish Competition Act by imposing resale price (...)

The Austrian Cartel Court imposes fine for resale price maintenance in consumer electronics products case (Philips Austria)
European Commission (Brussels)
Austria: The Cartel Court imposes Fine in Consumer Electronics Products Case* On 26 March 2013, the Cartel Court imposed a € 2 900 000 fine on Philips Austria GmbH (Philips Austria) for Resale Price Maintenance (RPM) between the latter and a number of retailers (Court reference number 29 Kt (...)

The Austrian Cartel Court imposes additional fines in resale price maintenance case (Building insulation case)
European Commission (Brussels)
Austria: Additional Fines imposed by Cartel Court in Building Insulation Case* Following several inspections conducted in 2012 and the applications for fines by the Federal Competition Authority (FCA), the Cartel Court imposed on 25 February 2013 fines on a producer and a merchant for resale (...)

The Chinese Competition Authorities impose hefty fines on two State-owned liquor distillers for resale price maintenance (Kweichow Maotai / Yibin Wuliangye)
Qualcomm
On February 22, 2013, two Chinese provincial competition authorities served their respective enforcement orders upon two Chinese state-owned liquor distillers with formidable amounts of fines: one for Kuichow Maotai in the amount of RMB 247 million (USD 40 mil.) and the other for Wuliangye, RMB (...)

The German Competition Authority launches a web survey targeting 2,400 sellers who offer their products on major internet platform (Amazon Marketplace)
German Competition Authority (Bonn)
Bundeskartellamt surveys Amazon Marketplace sellers* Today the Bundeskartellamt launched a web survey of 2,400 sellers who offer their products through Amazon Marketplace. Within the framework of administrative proceedings under competition law the Bundeskartellamt is examining the effects of (...)

The Irish Competition Authority secures binding commitments in case of resale price maintenance in footwear products (FitFlop footwear distributor, Double Bay Enterprises)
European Commission (Brussels)
Ireland: Commitments in Case of Resale Price Maintenance in Footwear Products* In February 2013, the Competition Authority (the Authority) secured binding commitments from FitFlop footwear distributor, Double Bay Enterprises Limited, in relation to its policy of resale price maintenance (...)

The Brazilian CADE issues a decision on resale price maintenance that may serve as guidelines for future analyses (SKF)
Brasilian Administrative Council for Economic Defense (CADE) (Brasilia)
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Vinicius Marques de Carvalho Advogados (VMCA) (Sao Paulo)
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Machado Meyer Sendacz & Opice
The Brazilian Competition Authority (CADE) has recently issued an important decision on Resale Price Maintenance (RPM) practices that may serve as guideline for future analyses of this conduct (CADE’s Administrative Proceeding nº 08012.001271/2001-44). The administrative judgment started in 2009 (...)

The Danish Competition and Consumer Authority settles with jewellery and watches designing company for an infringement of the prohibition on resale price maintenance (Georg Jensen)
Danish Competition and Consumer Authority (Copenhagen)
Georg Jensen pays fine in settlement for resale price maintenance* On January 16, 2013, Georg Jensen (a producer of lifestyle products) entered into a settlement with the Danish Competition and Consumer Authority for infringing section 6 of the Danish Competition Act by imposing resale price (...)

The Danish Competition and Consumer Authority enters into a settlement with a design company in a resale maintenance price case (Georg Jensen)
Danish Competition and Consumer Authority (Copenhagen)
On 16 January 2013 the Danish design company Georg Jensen A/S (manufacturer of jewellery, watches and home accessories) entered into a settlement with the Danish Competition and Consumer Authority for infringing section 6 of the Danish Competition Act by imposing resale price maintenance on its (...)

The Polish Competition Authority denies an individual exemption in the case of a RPM agreement concluded on the market for automotive lubricants (Orlen Oil)
Wiercinski Kwiecinski Baehr (Poznan)
Polish competition authority : plans to launch a new product can hardly offer a justification for resale price maintenance* The Polish competition authority (Prezes Urzędu Ochrony Konkurencji i Konsumentów, “PCA”) has recently addressed the issue of resale price maintenance clauses (“RPM”) (see (...)

The Polish Office of Competition and Consumer Protection finds that the agreements between a manufacturer and distributor of lubricants and its distributors breach national competition law (Orlen Oil)
SADKOWSKI I WSPÓLNICY RADCOWIE PRAWNI I ADWOKACI
On December 31, 2012, Polish Office of Competition and Consumer Protection found the agreement entered into by the Polish company Orlen Oil, which is responsible for comprehensive manufacturing and distribution of lubricants, to be limiting competition in the wholesale sales of lubricants in (...)

The Irish Competition Authority obtains legally binding commitments against a distributor to cease resale price maintenance (BBS)
Queen’s University Belfast
1. Legal Background Among the augmentations of Ireland’s competition regime made by recent amendments to the Competition Act 2002 is section 14B. This new section of the Competition Act provides that the Competition Authority, after an investigation of anticompetitive practices by an (...)

The Hellenic Competition Commission strikes down indirect attempt at RPM by French car manufacturer (Em. Psispsikas & SIA v. MAVA Emporoviomihaniki)
University College London
The complainant company, Em. Psispsikas & SIA E.E, was previously a RENAULT car distributor and member of the official network of the company, MAVA Emporoviomihaniki A.E. MAVA was an importer and exclusive agent of vehicles and spare parts from the French company RENAULT SA in Greece. Em. (...)

The Polish Office of Competition and Consumer Protection finds the agreements between IT software company and its distributors as breaching competition law on the basis of EC 330/2012 (Soneta)
SADKOWSKI I WSPÓLNICY RADCOWIE PRAWNI I ADWOKACI
On November 7, 2012, Polish Office of Competition and Consumer Protection found the agreement entered into by the creator of software, Soneta with Distributors which contained a resale price maintenance to be limiting competition in the companies’ management software industry. The distribution (...)

The Competition Authority of Bosnia and Herzegovina prosecutes Serbian beer producer for resale price maintenance (Apatinska pivara Apatin, Dejan komerc)
University of Technology (Tallinn)
On 4 September 2012 the Competition Authority of Bosnia & Herzegovina (KV) held that Serbian beer producer Apatinska pivara Apatin d.o.o.and one of its B&H distributors Dejan komerc d.o.o.entered into a series of anti-competitive agreements containing resale price maintenance (RPM) (...)

The German Competition Authority imposes fine totalling € 8.2 M for vertical resale price maintenance in tools selective distribution system (Tooltechnic)
European Commission (Brussels)
Germany: The Bundeskartellamt imposes Fines for Vertical Resale Price Maintenance in Tools Selective Distribution System* On 20 August 2012, the Bundeskartellamt (BKartA) imposed a fine totalling € 8 200 000 on TTS Tooltechnic Systems Deutschland GmbH (Tooltechnic). This case concerns high (...)

The Slovenian Competition Authority fines an electricity producer and a retailer in a resale price maintenance case (GEN Energija, GEN – I)
European Commission (Brussels)
Slovenia: Resale Price Maintenance in Electricity Market* On 14 August 2012, the Competition Protection Office of the Republic of Slovenia (CPO) issued a decision finding that Slovenia’s second largest electricity producer GEN Energija d.o.o. (GEN Energija) and the electricity retailer GEN – I (...)

The Lisbon Court of Appeal upholds first instance decision on competition authority’s pharmaceutical companies case (Baxter – Médico Farmacêutica and Glintt)
European Commission (Brussels)
Portugal: The Lisbon Court of Appeal upholds First Instance Decision on Competition Authority’s Pharmaceutical Companies Case * On 10 July 2012, the Lisbon Court of Appeal (2nd instance Court) rejected the appeal lodged by Baxter– Médico Farmacêutica, Lda., and Glintt – Business Solutions, Lda., (...)

The Indian Competition Commission breaks up a cement cartel and fines cartelists with a record fine of RPS 60 billion (Cement Manufacturers Association)
Computer and Communications Industry Association US (CCIA)
The Competition Commission of India (CCI) has fined eleven cement companies for fixing prices, and for limiting and controlling the output in the cement markets. The CCI has imposed record fines amounting to RPS 60 billion (approximately EUR 836 million) on the cartelists. Economic evidence, (...)

A Chinese Intermediate Court dismisses allegations of vertical price-fixing against medical equipments company (Johnson & Johnson)
Institute of American Studies
The Shanghai Court’s Position on Resale Price Maintenance in the J&J Vertical Price-Fixing Litigation* On 18 May 2012, the Shanghai No. 1 Intermediate People’s Court (‘Shanghai Court’) dismissed allegations that Johnson & Johnson Medical (China) Ltd. and its Shanghai branch had set a (...)

The New York Appellate Court rejects NY Attorney General’s challenge of alleged minimum resale price maintenance (RPM) scheme, holding that New York state statute does not render RPM agreements illegal per se and that restrictions that merely relate to minimum advertised prices do not constitute RPM agreements (Tempur-Pedic)
McDermott Will & Emery (Washington)
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McDermott Will & Emery (Chicago)
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McDermott Will & Emery (Chicago)
A recent New York state appeals court decision highlights the need for suppliers to continue exercising caution when adopting and implementing a resale price maintenance policy. On May 8, 2012, the Appellate Division of the New York Supreme Court affirmed a lower court’s decision that (...)

The US Kansas Supreme Court holds resale price maintenance is per se illegal under state law, but ruling subsequently overturned by state legislature (O’Brien / Leegin Creative Leather Products)
McDermott Will & Emery (Washington)
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McDermott Will & Emery (Washington)
The Kansas Supreme Court recently determined resale price maintenance is per se illegal under state law, becoming the latest state to reject the rule of reason standard mandated by the Supreme Court of the United States. The decision serves as a reminder that although a supplier’s pricing (...)

The Kansas Supreme Court holds that resale price maintenance, whether purely vertical or in a dual distribution setting, is per se illegal and rejects applicability of federal rule of reason analysis to claims brought under Kansas antitrust law (O’Brien / Leegin Creative Leather Products)
Crowell & Moring (Washington)
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Crowell & Moring (Irvine)
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Crowell & Moring (Washington)
UPDATE NOTE: On April 16, 2013, the Kansas legislature reversed the decision discussed below, and adopted a "reasonableness" standard for analyzing vertical price agreements. On May 4, 2012, Kansas joined the growing trend among states to limit the distribution flexibility that had been (...)

The UK Government presents its plans for minimum alcohol pricing giving rise to claims of resale price maintenance illegality
Lancaster University
Minimum Alcohol Pricing and EU Law* The announcement regarding minimum alcohol pricing on Friday 22nd March was unusual in a number of respects. The UK Govt does not usually make significant announcements on Friday, as most MPs are away from Westminster on constituency business, but it also (...)

The Croatian High Administrative Court upholds the NCA’s interpretation of the block exemption regulation on vertical agreements in a resale price maintenance case (M San Grupa)
University of Technology (Tallinn)
On 7 March 2012 the Croatian High Administrative Court (VUS) upheld the infringement decision of the Croatian Competition Authority (AZTN) issued against the wholesaler of the household electronics M SAN Grupa d.d.(MSG) for imposing the resale price maintenance obligations on one of its (...)

The Danish High Court reduces fines imposed on design furniture manufacturer for maintaining resale prices (Erik Jørgensen Møbelfabrik)
Van Bael & Bellis
On 17 January 2012, the Danish High Court ruled on appeals brought against a judgment of the Danish District Court of Svendborg of May 2011 imposing a fine of DKK 500,000 (around € 67,000) on the Danish design furniture manufacturer Erik Jørgensen Møbelfabrik A/S (“EJM”), as well as fines (...)

The Romanian Competition Authority highlights the distinction between anticompetitive object and effect in the resale price maintenance case on the men’s cloth pants market (Producție Zarah Modern, Cargus Trans, Getin Com)
University of Technology (Tallinn)
On 30 September 2011 the Romanian Competition Authority (CC) established the existence of the resale price maintenance (RPM) clauses in the distribution contracts concluded by SC Producție Zarah Modern SRL(PZM) with its distributorsSC Cargus Trans SRLandSC Getin Com SRLon the market for (...)

The Lisbon Commercial Court confirms the Competition Authority’s decision prohibiting a retail price maintenance agreement regarding equipment used in hospital pharmacies with a reduction of the fines (Hospitals’ Public Tenders)
European Commission (Brussels)
Portugal: The Lisbon Commercial Court confirms Competition Authority’s Decision on RPM affecting Hospitals’ Public Tenders* On 12 September 2011, the Lisbon Commercial Court (the Court) confirmed the Portugal Competition Authority’s (PCA) decision prohibiting a retail price maintenance (RPM) (...)

The New York Southern District Court holds that enforcement of a Minimum Advertised Price (MAP) policy against Internet retailers does not amount to minimum resale price maintenance (Worldhomecenter.com / Franke Consumer Products)
Pepper Hamilton (Philadelphia)
,
Pepper Hamilton (Philadelphia)
Courts May Try to Harmonize Federal and State Law on the Legality of Resale Price Maintenance* Ever since the United States Supreme Court ruled in Leegin Creative Leather Products, Inc. v. PSKS, Inc., 551 U.S. 877 (2007), that resale price maintenance (i.e., agreements to set minimum resale (...)

The Romanian Competition Authority establishes the existence of resale price maintenance agreements on the market for fresh fruits and vegetables (Interfruct, Albinuța Shops, Profi Rom Food)
University of Technology (Tallinn)
On 31 May 2011 the Romanian Competition Authority (CC) held illegal the resale price maintenance clauses contained in the sales contracts concluded by a wholesaler of fresh fruits and vegetables in the municipality of Bucharest (SC Interfruct SRL) with two retailers (SC Albinuța Shops SRL, SC (...)

The Serbian Competition Authority declares illegal a distribution agreement granting a distributor a 2% rebate for compliance with the supplier’s resale price maintenance policy concerning certain branded food products (Grand Prom, Idea)
University of Technology (Tallinn)
On 26 May 2011 the Serbian Competition Authority (KZK) has declared illegal the distribution agreement between Grand Prom a.d. (supplier) and Idea d.o.o. (distributor) granting to the distributor a 2% rebate for compliance with resale price maintenance policy set by the supplier in relation to (...)

The Danish District Court fines manufacturer of design furniture for engaging in resale price maintenance (Erik Jørgensen Møbelfabrik)
Van Bael & Bellis
On 18 May 2011, the Danish District Court of Svendborg (the “Court”) imposed a fine of DKK 500,000 (approximately € 67,000) on Erik Jørgensen Møbelfabrik A/S (“EJM”), a Danish manufacturer of design furniture, for having engaged in resale price maintenance. The Court also imposed fines totalling DKK (...)

The Polish President of the Office of Competition and Consumer Protection imposes commitments to remedy RPM in a vertical hard core restrictions case concerning gardening products distribution (Scotts and its distributors)
Hogan Lovells (Warsaw)
,
Hogan Lovells (Warsaw)
On 26 April 2011, the President of the Office for Competition and Consumers Protection (the «OCCP» or the «Office») issued a decision in which it found that Scotts Poland sp. z o.o. (the «Scotts» or the «Company»), a subsidiary of Scotts Miracle-Gro Company, applied a resale price maintenance clause in (...)

The Serbian Competition Authority releases its 2010 Annual Report
University of Technology (Tallinn)
On 29 March 2011 the Committee for trade and tourism of the Serbian National Assembly has reviewed and accepted the 2010 Annual Report submitted by the Serbian Competition Authority (KZK) where it summarized its competition law enforcement and related activities carried out in 2010. The (...)

The New York Supreme Court issues a decision on resale price maintenance in the mattress manufacturing sector applying the rule of reason standard (Tempur-Pedic International)
Wolters Kluwer (Riverwoods)
New York’s Challenge To Mattress Maker’s Resale Pricing Policy Fails* The State of New York was not entitled to an order enjoining mattress manufacturer Tempur-Pedic International, Inc. from restricting discounting by its authorized retailers, a New York state court has ruled. The New York (...)

A Californian Superior Court issues a decision on resale price maintenance in cosmetic sector applying the per se rule (Bioelements)
Wolters Kluwer (Riverwoods)
New York’s Challenge To Mattress Maker’s Resale Pricing Policy Fails* The State of New York was not entitled to an order enjoining mattress manufacturer Tempur-Pedic International, Inc. from restricting discounting by its authorized retailers, a New York state court has ruled. The New York (...)

The Polish Competition Authority adopts decision concerning unlawful vertical restraints in the gardening products sector (Ogrody Polskie)
Van Bael & Bellis
In a decision of 31 December 2010, which has become recently available, the Polish Competition Authority fined a supplier of gardening products (Ogrody Polskie) and six distributors for entering into unlawful agreements concerning resale price maintenance and restrictions of passive sales in (...)

The Polish Competition Authority fines 5 companies for resale price maintenance in the paint distribution sector (Akzo Nobel)
Van Bael & Bellis
On 31 December 2010, the Polish Competition Authority adopted a decision finding that Akzo Nobel Coatings (“Akzo Nobel”) and four DIY companies (namely Castorama, Leroy Merlin, Obi and Praktiker) fixed the minimum resale prices of Akzo Nobel paints in Poland between 2004 and 2006. The Polish (...)

The Italian Competition Authority fines a number of large retailers for cosmetic and health care products (Cartel of large retailers for cosmetic and health care products)
University of Turin
Italy’s competition authority (“ICA”) has fined 15 companies, including units of Sara Lee Corp., L’Oreal and Johnson & Johnson, more than € 81 M ($ 107 M) for an alleged long-running scheme to coordinate list prices sent to large retailers for cosmetic and health care products. The highest fine, (...)

The Portuguese Competition Authority punishes resale price maintenance affecting hospitals’ public tenders
European Commission (Brussels)
* Article published in ECN Brief 01/2011. The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN : "The information provided by the ECN Brief is for (...)

The US Court of Appeals for the 11th Circuit affirms dismissal of price-fixing conspiracy claims in the mattress manufacturing industry for not meeting Twombly pleading requirements (Jacobs, Tempur-Pedic)
Wolters Kluwer (Riverwoods)
Consumers’ Price Fixing Claims Against Mattress Maker Did Not Meet Twombly Pleading Requirements* A decision from a divided U.S. Court of Appeals in Atlanta earlier this month continues the debate over the appropriate pleading standard for antitrust plaintiffs under Bell Atlantic Corp. v. (...)

The Danish Competition Authority adopts decision without fines concerning resale price maintenance and restrictions of parallel trade in electrical appliances sector (Witt Hvidevarer)
Van Bael & Bellis
In a decision adopted on 24 November 2010, the Danish Competition Authority found that Witt Hvidevarer A/S (“Witt”), a Danish importer and wholesaler of robotic vacuum cleaners and floor washers manufactured by the American company iRobot, had engaged in anticompetitive practices over a period of (...)

The Greek Competition Authority imposes fine of € 12.5 M for resale price maintenance in the supermarket sector (Carrefour)
Van Bael & Bellis
According to a press release of 15 July 2010, the Greek Competition Authority has imposed a fine of € 12.5 million on Carrefour Marinopoulos (“Carrefour”) for engaging, inter alia, in resale price maintenance with its supermarket franchisees in breach of Greek and EU competition law. In (...)

The Hellenic Competition Commission fines a retailer for resale price maintenance and other infringements within its franchise network (Carrefour Marinopoulos)
Lambadarios Law Firm
On 6th April 2010, the Hellenic Competition Commission (“Epitropi Antagonismou”, hereinafter: “HCC”) issued a decision on the merits by which it imposed a fine on the retailer Carrefour Marinopoulos S.A. (hereinafter: “Carrefour”) for infringements detected within its franchise network, namely resale (...)

The German Competition Authority imposes fine of € 2.5 M for resale price maintenance concerning Internet sales of GPS systems (Garmin)
Van Bael & Bellis
According to a press release of 28 June 2010, the German Federal Cartel Office (“FCO”) has imposed a total fine of € 2.5 million on Garmin Deutschland GmbH (“Garmin”), a manufacturer of mobile navigation devices (e.g., GPS systems), and one of its employees, for engaging in resale price maintenance (...)

The Polish Competition Authority fines members of a price maintenance agreement on the paint market (Tikkurila, Castorama, Praktiker)
Hogan Lovells (Warsaw)
,
Hogan Lovells (Warsaw)
Background The market for the wholesale of paints in Poland has been subject to special scrutiny by the Office for Competition and Consumer Protection (the OCCP). The first case concerning the illegal collusion between the paint producer (Polifarb Cieszyn) and its distributors was examined in (...)

The Finnish Competition Authority proposes € 4 M fine for resale price maintenance concerning design houseware products (Littala Group)
Van Bael & Bellis
In a decision of 29 April 2010, the Finnish Competition Authority proposed to the Competition Court the imposition of a € 4 million fine on the Iittala Group (“Iittala”), a Finnish manufacturer of design houseware products, for engaging in resale price maintenance in breach of Finnish competition (...)

The European Commission adopts new block exemption regulation and new guidelines on vertical agreements
European Commission - DG COMP (Brussels)
,
European Commission - DG COMP (Brussels)
,
European Commission - DG JUST
"Vertical Agreements: New Competition Rules for the Next Decade"* I. Introduction On 20 April 2010 the Commission adopted a new Block Exemption Regulation applicable to vertical agreements (hereinafter ‘the Regulation’). At the same time it adopted the contents of accompanying Guidelines on (...)

The UK Office of Fair Trading heavely fines price-fixing practices from supermarkets and tobacco firms in a decision which may be its largest ever combined fine (Imperial Tobacco, Gallaher and retailers)
TT&A
The Office of Fair Trading (“OFT”) has recently fined two tobacco companies, namely Imperial Tobacco and Gallaher (now part of Japan Tobacco International), and ten retailers in UK for collusion while determining tobacco retail prices. The actual infringement took place between 2001 and 2003 for (...)

The UK OFT finds that each of the manufacturers and retailers investigated had participated in agreements and/or concerted practices whereby the manufacturers set the retailers’ retail prices for its tobacco products which restricted the retailers’ ability to determine their retail price of competing tobacco products (ITL/Gallaher/ Asda/ the Co-op/ First Quench/ Morrisons/ T&S/ Safeway/ Sainsbury/ Shell/ Somerfield/ TM Retail)
Addleshaw Goddard (London)
Description of the impugned case The OFT’s Chapter I investigation was initiated in March 2003 following receipt of information from Sainsbury under the OFT’s leniency policy, which, along with information obtained during a previous Chapter II investigation into ITL, gave the OFT reasonable (...)

The Danish Competition Council adopts commitment decision lifting ban on reporting of sales price and contribution margins (Bestseller)
Danish Competition and Consumer Authority (Copenhagen)
On 24 March 2010, the Danish Competition Council adopted a commitment decision, cf. section 16 a of the Danish Competition Act, allowing Bestseller A/S to regain access to price information from its franchise partners - irrespective of a previous injunction issued by the Competition Council in (...)

The Superior Court of the State of California (County of Alameda) challenges minimum resale price maintenance as per se illegal (DermaQuest)
Jones Day (Los Angeles)
,
Jones Day (Sillicon Valley)
In the 2007 Leegin Creative Leather v. PSKS case, the Supreme Court held that, under the federal antitrust laws, minimum vertical resale price fixing agreements are no longer per se illegal, but governed by the rule of reason, like maximum resale price fixing. Antitrust observers were quick to (...)

The Lithuanian Competition Authority fines supplier and distributors of DVD movies for resale price maintenance (Bomba, Computer data international, Elektromarktas)
Van Bael & Bellis
On 28 January 2010, the Competition Authority of Lithuania fined several undertakings active in the supply and distribution of DVD movies for engaging in resale price maintenance in breach of the provision of Lithuanian law equivalent to Article 101 TFEU between 2006 and 2009. The fines imposed (...)

The Spanish Competition Authority fines the five major producers of bath and shower gel for a price-fixing cartel in its first successful leniency case (Fabricantes de gel)
Hogan Lovells (Madrid)
,
University of Harvard - Law School
On 21 January 2009, the Council of the Spanish Competition Authority (Consejo de la Comisión Nacional de la Competencia, hereinafter the “Council”) sanctioned the four largest Spanish manufacturers of bath and shower gel. i.e. Puig Beauty & Fashion Group, S.L. ("Puig"), Sara Lee Household and (...)

The Croatian Competition Authority holds illegal minimum price fixing agreement among residential management service providers (Eki Inginjering)
University of Technology (Tallinn)
In December 2008 the Croatian Competition Authority (AZTN) received a complaint submitted by the consumer protection organization “Istrian Consumer”. The complainant alleged that four providers of residential management services in the city of Pula (Eki Inžinjering d.o.o., Uljanik Upravljanje (...)

The French Competition Authority issues an opinion on the possible implementation of retail price maintenance scheme for digital books
European Commission (Brussels)
France: The Autorité de la concurrence recommends not to apply RPM to Digital Books and suggests Contractual Models for Relations between Publishers and Digital Librarians On 18 December 2009, the Autorité de la concurrence (hereafter: the Autorité) delivered its opinion on the possible (...)

The Polish President of the Office for Competition and Consumer Protection fines an operator and ten distributors for vertical price collusion with respect to trailer accessories (Knott)
Hogan Lovells (Warsaw)
Decision On 15 December 2009, the President of the Office for Competition and Consumer Protection (the ”OCCP”) fined Knott Sp. z.o.o. (“Knott”) and its ten distributors for vertical price collusion with respect to trailer accessories (such as axles, overrun couplings, jockey wheels, brakes and (...)

The Spanish Competition Authority closes a resale price maintenance case, after applying the de minimis rule (El Corral de las Flamencas)
Lonza
,
Cuatrecasas, Goncalves Pereira (Madrid)
On December 3, 2009, the Spanish Competition Authority(Comisión Nacional de la Competencia, “CNC”) closed a case of possible infringement of Article 1 of the Law 15/2007, for the Defense of Competition (“LDC”), involving the company El Corral de las Flamencas, S.L. (“El Corral”) fixing resale prices (...)

The Swiss Competition Authority imposes fines on three pharmaceutical companies for resale price maintenance (Pfizer, Lilly, Bayer)
Van Bael & Bellis
According to a press release of 1 December 2009, the Swiss Competition Authority has imposed fines totaling approximately € 3.7 million on three pharmaceutical companies (Pfizer, Lilly and Bayer) for engaging in resale price maintenance with their distributors. It appears that the three (...)

The Turkish competition board investigates price fixing and non-compete provisions in franchising agreements (DiaSA/Complaining Franchisees)
Erdem & Erdem
Two complaints were lodged against DiaSA by its franchisees alleging that the provisions and application of DiaSA’s franchise agreements are in violation of the Act on Protection of Competition Numbered 4054 (“Competition Act”). The Competition Board (“CB”) examined the price and non-compete (...)

The Polish Appeal Court annulls the judgment of the Court of Competition and Consumer Protection pointing out that joint buying groups require a more in-depth competition analysis even in cases of resale price maintenance (PSB, Gamrat)
Hogan Lovells (Warsaw)
The Polish Appeal Court has quashed a Competition Court decision on procedural grounds pointing out that joint buying groups require a more in-depth competition analysis even in cases of resale price maintenance. On 10th November 2009, the Appeal Court issued a long awaited judgment concerning (...)

The Swiss Competition Commission issues a prohibition order and fined three producers of medicine (treatment of erectile dysfunction) for publishing recommended prices leading to RPM (Pfizer/Eli Lilly/Bayer)
Agon Partners (Zurich)
,
Zurich District’s Prosecutor
Description of the impugned case Three pharmaceutical manufacturers issued recommended retail prices (RRP) which were integrated into a widely used IT-Database or/and communicated to all resellers (e.g. pharmacies). 63% of all resellers adopted a pricing policy according to the price (...)

The Latvian Competition Authority detects prohibited concerted practices among distributors of a consumer goods electronics company (Samsung)
European Commission (Brussels)
Latvia: Competition Council detects Prohibited Concerted Practices among Distributors of Samsung Home Appliances On 30 October 2009, the Latvian Competition Council (CC) adopted a decision in which it found that concerted practices among five distributors of Samsung appliances infringed (...)

The German Federal Cartel Office imposes a fine on the producer of hearing devices for having threatened or inflicted disadvantages on another company in order to induce a certain retail price level for the resale of hearing devices (Phonak)
Linklaters (Dusseldorf)
Description of the impugned case The case deals with an indirect RPM clause. The producer of hearing devices provided lists with recommended prices containing minimum and maximum sale prices for hearing devices. One of the dealers offered the products significantly below the recommended prices (...)

The US DOJ Assistant Attorney General provides guidance on vertical price Fixing/Resale Price Maintenance (RPM)
Jones Day (Washington)
,
Jones Day (Houston)
,
Jones Day (Washington)
On October 7, 2009, Department of Justice Assistant Attorney General Christine Varney used a speech to the National Association of Attorneys General to reaffirm the DOJ’s commitment to a closer cooperation with the state enforcers. She also devoted a major portion of her remarks to offering a (...)

The US DoJ proposes a framework for post-Leegin resale price maintenance
Allen & Overy (New York)
Introduction Two years ago, the U.S. Supreme Court, in Leegin Creative Leather Products v. PSKS, Inc. , held that minimum resale price agreements were not per se violations of Section 1 of the Sherman Act. Rather, the Court held such agreements should be evaluated under the “rule of reason” (...)

The US State of Maryland enacts a state antitrust law making minimum resale price maintenance agreements per se illegal
Jones Day (Washington)
The enactment of a Maryland state antitrust law prohibiting minimum resale price maintenance (RPM) agreements and U.S. House of Representatives Judiciary Committee hearings on similar pending federal legislation are reminders that minimum RPM programs must be approached with caution. (...)

The US House of Representatives Judiciary Committee holds hearings on pending resale price maintenance (RPM) federal legislation
Jones Day (Washington)
The enactment of a Maryland state antitrust law prohibiting minimum resale price maintenance (RPM) agreements and U.S. House of Representatives Judiciary Committee hearings on similar pending federal legislation are reminders that minimum RPM programs must be approached with caution. (...)

The German Federal Cartel Office imposes a fine on the market leader in the wholesale supply of contact lenses for having inter alia employed an internal price maintenance program, including the systematic monitoring of retail prices for contact lenses and the exertion of pressure, the granting of advantages as well as agreements and concerted practices with Internet dealers (CIBA Vision)
Linklaters (Dusseldorf)
Description of the impugned case The FCO found various measures under CIBA’s price maintenance program, that in the view of the FCO amounted to a fixing of minimum resale prices. In particular, the FCO considered an infringement of Article 81 EC (now Art. 101 TFEU) and the corresponding German (...)

The German Federal Cartel Office fines € 11.5 million a contact lens provider for fixing minimum resale prices and restricting Internet and wholesale sales of its products (CIBA)
Fried Frank Harris Shriver & Jacobson (London)
On September 25, 2009, the German Federal Cartel Office (FCO) levied a fine of €11.5 million against contact lens provider CIBA Vision Vertriebs GmbH (CIBA) for fixing minimum resale prices and restricting Internet and wholesale sales of its products. This is the third decision imposed by the (...)

The German Federal Cartel Office imposes a multi-millions fine against the market leader in the contact lenses business (CIBA Vision)
Mutze Korsch Rechtsanwaltsgesellschaft
Background CIBA Vision Vertriebs GmbH, Großostheim (“CIBA Vision”) is the market leader in the contact lenses business in Germany, who is selling a great many of its products via internet. In the past it operated a so called “surveillance and intervention system”. Several persons were in charge of (...)

The Hungarian Competition Authority condemns an RPM scheme concerning GPS devices (LCP/Mitac)
Oppenheim
,
Oppenheim - Budapest
Description of the impugned case The distribution agreements by Mitac as well as LCP (as producers and importers) concerning various GPS devices (PNAs, PDAs with GPS function, etc.) did not contain straightforward RPM clauses, nevertheless, direct contacts between the parties (in particular, (...)

The Danish High Court doubles fine imposed by the District Court on a professional association for recommending retail prices (Christmas Tree Growers Association)
Danish Competition and Consumer Authority (Copenhagen)
On 24 September 2009 the High Court of Eastern Denmark increased the fine imposed by a District Court on the Danish Christmas Tree Growers Association for having infringed section 6 of the Danish Competition Act (national provision similar to Article 101 of the TFEU) by having issued price (...)

The Cyprus Commission for the Protection of Competition finds the four oil companies as having violated competition rules and imposes millions in fines (Retail fuel market of Cyprus)
Antoniou Advocates
The Cyprus Commission for the Protection of Competition (CPC) issued its long-awaited decisions in connection to the investigation it carried into the retail fuel market of Cyprus. The investigation concerned the respective violations of national competition legislation on behalf of the four (...)

The UK Office of Fair Trading exercises its discretion not to refer the newspaper and magazine distribution industry to the Competition Commission despite competition concerns
DLA Piper
Summary The Office of Fair Trading (OFT) has decided not to refer the market for newspaper and magazine distribution in the UK to the Competition Commission (CC) for a market investigation (the MIR Decision). Background Following the revocation, in May 2005, of the Vertical Agreements (...)

The Russian Competition Authority establishes the existence of price-fixing agreements concluded between a mobile phone manufacturer and its distributors (Nokia)
University of Technology (Tallinn)
On 23 September 2009 Russian Competition Authority (FAS) established that leading manufacturer of mobile phones NOKIA has infringed Russian competition law by including recommended resale prices in its distribution contracts. Due to the fact that NOKIA has subsequently deleted “recommended (...)

The Antimonopoly Office of the Slovak Republic fines a leading producer of electronic cash registers for resale price maintenance (Elcom)
BPV Braun Partners
The article presents the decision of the Antimonopoly Office of the Slovak Republic (“Office”) n° 2009/KV/1/1/038 of 21 August 2009 (“Decision”). The subject-matter of the Decision does not go beyond the well-known resale price maintenance doctrine. However, the procedure applied by the Office and (...)

The Polish Competition Authority sanctions a resale price maintenance agreement on hearing aids market (WIDEX Polska)
French National Research Agency (ANR)
By the preset decision n° RWR 18/2009, issued on the 3rd of August 2009, the President of the Office of Competition and Consumer Protection (hereafter: OCCP President) had to deal once more with distribution contracts containing resale price maintenance clauses. Therefore, the outcome of the (...)

The Spanish Competition Authority fines major fuel suppliers for resale price maintenance and accepts commitments relating to long-term contracts and non-compete clauses (Repsol / CEPSA / BP)
Van Bael & Bellis
According to a press release of 30 July 2009, the Spanish Competition Authority imposed fines totalling € 7.9 million on REPSOL, CEPSA and BP (the three main suppliers of fuel in Spain) for violating the competition rules by engaging in resale price maintenance in their relations with (...)

The Austrian Supreme Court confirms a decision of the Cartel Court whereby a waste disposal system for whiteware home appliances - run by an independent undertaking - which obliges contractual collectors - independent third parties - to collect waste from retailers for a maximum price of € 7 does not infringe cartel law (UFH-System)
Bpv Hügel (Vienna)
,
Bpv Hügel (Brussels)
Case UFH System created a waste disposal system for retailers with regard to whiteware / home appliances. Participating retailers could decide whether to use the system or not (i.e., no exclusivity was required), conditions were to be negotiated directly between retailer and collector. (...)

The Austrian Supreme Court confirms a decision of the Cartel Court whereby cross-boarder RPM between a German publisher and an Austrian press distributor infringes Art 81.1 EU therefore preventing the exception provided in national legislation - excluding ban of RPM in the book / magazine sector - to apply (Burda / Pressegroßvertrieb)
Bpv Hügel (Vienna)
,
Bpv Hügel (Brussels)
Case In 2004, Burda Publishing Group, Germany signed Pressegroßvertrieb as the exclusive Austrian distributor to retailers concerning Burda’s magazines. With a market share of 35%, Pressegroßvertrieb is only one of two competitors which provide distribution services including services such as (...)

The Italian Competition Authority starts a proceedings against multilateral interchange fee setting in the card payment systems sector (MasterCard)
University Luiss Guido Carli - GRIF (Rome)
,
University Luiss Guido Carli - GRIF (Rome)
On the 15th July 2009, the Autorità Garante della Concorrenza e del Mercato, the Italian Competition Authority (hereinafter, ICA), decided to initiate an antitrust proceedings against MasterCard Group and eight of the main banks and financial institutions licensed by MasterCard Group for (...)

The French Competition Authority adopts decision relating to agency in women’s clothing and accessories sector (Punto Fa)
Van Bael & Bellis
On 30 June 2009, the French Competition Authority adopted a decision rejecting the complaint brought by the French Minister for the Economy for alleged resale price maintenance involving Punto Fa SL (“Punto Fa”) and its agents in France. Punto Fa is a supplier of women’s clothing and accessories (...)

The Hungarian Competition Authority terminates its investigation on recommended minimum prices set by a professional association (Hungarian Chamber of Doctors)
Van Bael & Bellis (Brussels)
Due to regulatory changes, since 1 April 2007, the Hungarian Chamber of Doctors (the Chamber) is no longer entitled to publish recommended minimum prices. In an order, dated 25 May 2009, the Hungarian Competition Authority (GVH) established that some recommended prices continued to be available (...)

The Swiss Competition Commission sanctions two companies, a manufacturer of garden shears and hedge clippers, and one distributor for entering into an agreement on fixed retail prices (Felco/Landi)
Agon Partners (Zurich)
,
Zurich District’s Prosecutor
Description of the impugned case Felco, a manufacture of garden shears and hedge clippers (with 75-85 % market share among professional users), and Landi, a distributor, entered into an agreement on directly fixed retail price. In this atypical case, the agreement enabled Landi to sell the (...)

The Swiss Competition Commission opens the door to a more economic approach for vertical price fixing (Sécateurs et cisailles)
Lenz & Staehelin (Geneva)
,
Lenz & Staehelin
Under Swiss law, agreements containing vertical price fixing are presumed to suppress effective competition and, consequently, to be illegal (Art. 5(4) Cartel Act, hereafter “CartA”, and Art. 10(1) Communication on vertical agreements, hereafter “ComVert”). The presumption cannot be rebutted if the (...)

The US State of Maryland rejects federal rule of reason standard established by US Supreme Court in Leegin, amending its state antitrust statute to make minimum resale price maintenance agreements per se illegal
McDermott Will & Emery (Washington)
,
McDermott Will & Emery (Chicago)
,
McDermott Will & Emery (Chicago)
New state law could affect implementation of minimum resale price maintenance programs. Suppliers should review their minimum resale price programs for their resellers in the United States following the passage of a new law in the State of Maryland prohibiting agreements that establish minimum (...)

The Danish Competition Council adopts decision concerning resale price maintenance found in the sector of motor vehicle fuels (OK)
Van Bael & Bellis
On 29 April 2009, the Danish Competition Council issued a decision finding that a Danish fuel supplier, OK a.m.b.a., and its wholly-owned subsidiary, DK-Benzin A/S, had infringed the national provision equivalent to Article 81 EC by engaging in resale price maintenance practices with some of (...)

The German Federal Cartel Office imposes a fine of € 9 M to the leading software company for having influenced in an anticompetitive way the resale price of a software package (Microsoft Deutschland)
Linklaters (Dusseldorf)
Description of the impugned case The case deals with indirect resale price maintenance, i.e. the recommendation of prices combined with further measures in order to coordinate the dealers’ pricing. Type of competition analysis n/a Discussion of potential redeeming efficiencies for RPM ? n/a (...)

The European Court of Justice rules on non-compete and resale price maintenance in the context of block exemption regulations (Pedro IV Servicios SL, Total España)
Van Bael & Bellis
On 2 April 2009, the European Court of Justice (“ECJ”) delivered a judgment in Pedro IV Servicios SLv. Total España SA, a preliminary reference concerning the analysis of non-compete obligations and alleged resale price maintenance in the light of Regulation 1984/83 (the former block exemption (...)

The Hungarian Competition Authority finds illegal vertical resale price fixing without imposing fine (Castrol Hungária)
Oppenheim
,
Oppenheim - Budapest
Description of the impugned case The case concerned a straightforward RPM arrangement (minimum prices). Analysing the wording and the context of the relevant clause, the HCO found that it indeed contained an RPM arrangement and did not accept Castrol Hungária’s defence that the minimum prices (...)

A Danish court imposes fines on a professional association and the hightest fine ever to a person for recommending retail prices (Christmas Tree Growers Association)
Danish Competition and Consumer Authority (Copenhagen)
On 17 February 2009, a Danish Court found that the Danish Christmas Tree Growers Association and its director had infringed Article 6 of the Danish Competition Act (national provision similar to Article 81 of the EC Treaty) by having issued price recommendations to its members. The Court (...)

The Paris Court of Appeal partly confirms the decision of the Competition authority imposing a global fine of € 37 million on 5 toy manufacturers and 3 distributors for an agreement to fix Christmas toys’ resale prices (EPSE Joué Club)
UGGC Avocats (Paris)
Description of the impugned case This case involves a straightforward RPM system agreed among suppliers on the one hand and applied between suppliers and between distributors on the other hand. The Conseil de la concurrence (now Autorité de la concurrence) imposed a global fine of € 37 M on 5 (...)

The Czech Office for Protection of Competition implements informal settlement procedures (Kofola - Albatros)
Weil, Gotshal & Manges (Prague)
The Office for Protection of Competition (“Office”) recently started to implement ‘settlement procedures’ as an alternative way of ending sanction proceedings initiated by it. The Office adopted the policy of ‘settlement procedures’ despite the absence of any legislative basis in that regard. It (...)

The Budapest Court of Appeal upholds the NCA decision against the book resale price maintenance system (Association of Hungarian Book Publishers and Distributors)
Szabó Kelemen & Partners
,
University of East Anglia - CCP (Norwich)
The Association of Hungarian Book Publishers and Distributors (hereinafter the “Association”) has 144 members. The members are both publishers and booksellers. The Association adopts the so called Competition Regulation and defines the frameworks of the competition rules of the industry. The (...)

The Polish Competition Authority condemns a resale price maintenance agreement and rejects a demand for a commitment decision (Koral and Zabka Polska)
French National Research Agency (ANR)
The present decision n° RKT-107/2008 of 31 December 2008 relates to some provisions of the cooperation agreement signed by one of the biggest ice-cream manufacturers in Poland, i.e., Przedsiêbiorstwo Produkcji Lodów “KORAL” - Józef Koral spólka jawna (hereafter: KORAL) and a chain of convenience (...)

The Turkish Competition Authority decides that a price-fixing agreement between bread manufacturers does not appreciably restrict competition (Bergama Firincilari)
University of Sussex
This study analyses the decision of the Turkish Competition Authority (TCA) in which it has decided that a price-fixing agreement, which was entered into by twelve small- and medium-sized bread manufacturers in a small town in the West of Turkey, did not appreciably restrict competition even (...)

The Croatian Competition Authority holds illegal resale price maintenance obligations imposed by a wholesaler of household electronics on its buyer (M San Grupa / Rivulus)
University of Technology (Tallinn)
The respondent company M SAN Grupa d.d.(MSG) was a large wholesaler of the household electronics. The applicant company Rivulus d.o.o.(Rivulus) was buying various electronics items from MSG by placing the orders on the MSG’s website. It was then selling the goods through its own distribution (...)

The Croatian Competition Authority annulls the price-fixing agreements concluded between a mobile phone operator and its distributors (VIPnet)
University of Technology (Tallinn)
VIPnet d.o.o. (VIPnet) is a Croatian mobile telecom operator established in 1998 by the Mobilkom Austria AG. VIPnet provides its services through a network of “partners” and “wholesalers”. “Partners” sell VIPnet’s products and services directly to the final consumers on the VIPnet’s account. (...)

The Hungarian Competition Authority condemns vertical resale price fixing agreement concluded between a wholesaler of medicines and pharmacies but without imposing a fine (Hungaropharma)
Oppenheim
,
Oppenheim - Budapest
Description of the impugned case The case concerned a straightforward RPM arrangement, where the pharmacies, in their agreements concluded with a wholesaler of medicines (Hungaropharma), agreed to maintain (discounted) resale prices. Due to the wording and context of the arrangement, the HCO (...)

The Hungarian Competition Council prohibits restrictive clauses in cooperation agreements between a wholesaler of pharmaceutical products and pharmacies (Hungaropharma)
Ernst & Young
The Hungarian Competition Council found that cooperation agreements concluded between Hungaropharma, a wholesaler of pharmaceutical products, and a number of pharmacies contained clauses which were incompatible with Art. 81 EC and Section 11 of the Hungarian Competition Act. The Competition (...)

The Danish public prosecutor inflicts the highest personal fine ever to flour producer and its director for resale price maintenance contrary to the Competition Act (Valsemølle)
Danish Competition and Consumer Authority (Copenhagen)
On 27 November 2008, the Danish flour producer Valsemølle A/S and its director accepted fines of DKK 1 million (EUR 134,000) and DKK 100,000 (EUR 13,000) respectively for having infringed Article 6 of the Danish Competition Act (national provision similar to Article 81 of the EC Treaty) by (...)

A Belgian Court of appeal holds that a mere price-guideline does not constitute resale price maintenance as such (Frost / Evlier)
Leuven University
Description of the impugned case On 21 December 2005, Frost Invest NV (‘Frost’) and Evlier BVBA (‘Evlier’) entered into a ‘jaarovereenkomst 2006’ (Annual Agreement of 2006) for the sale of the product ‘Evlierkruiden’ by Evlier to Frost. Article 16 of this agreement laid down a minimum resale price for (...)

The French Competition Authority fines a group of the agribusiness sector with a € 2,000,000 fine for inciting its distributors to apply the suggested resale price supplied by itself, who also applied a price monitoring policy (Roullier Group)
UGGC Avocats (Paris)
Description of the impugned case Resale price of the products manufactured by the Roullier group were sent to the distributors. In addition, sales force of the Roullier group were regularly taking orders directly from the clients in lieu of the distributors. While taking orders from clients, (...)

The French Competition Authority accepts commitments offered as part of the negotiated settlement procedure in a minimum retail price maintenance case (Cie Financière et de Participation Roullier)
Moskvina Law, PLLC
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Darrois Villey Maillot Brochier
Background Compagnie Financière et de Participation Roullier (“CFPR”) mainly produces agricultural supplies, and is also active in agrochemicals and food production. CFPR produces licking salt blocks (“LSB”) for farm animals, which are particularly profitable products. CFPR’s clients are (...)

The Polish Competition Authority reviews contracts between a building products manufacturer and its distributors and recalls that resale price maintenance is prohibited (Plannja)
French National Research Agency (ANR)
During the last months, the issue of price fixing of building products has frequently arisen before the President of the Office of Competition and Consumer Protection (hereafter: the OCCP President) . By rendering on 15 September 2008 this decision n° RWR 42/2008 concerning contracts reached (...)

The Belgian Competition Council condemns the Belgian professional association of driving schools for price fixing (Test-Achats / Auto-écoles de Belgique)
Liège University - IEJE
,
Actéo (Liege)
I. The parties This case arose from a complaint of the Superior Institute of Driving (SID) and the Belgian Consumer Association ‘Test-Achats” (TA) lodged before the Belgian Competition Council (“the Council”) against the Belgian Federation of Professional Driving Schools (BFPDS). BFPDS is a (...)

The Polish antitrust authority concludes an investigation into a price-fixing agreement in the construction sector with a commitment decision and no fine (Xella Poland)
Dentons (Warsaw)
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Wierzbowski Eversheds (Warsaw)
On February 1, 2007, Xella Polska Sp. z o.o. («Xella») signed a number of contracts with its distributors regulating the conditions of supply of wall-building materials by Xella. Each of the contracts included a clause forbidding the distributor from reselling Xella‘s products at a price lower (...)

The Italian Competition Authority fines a bakers trade association for price-fixing practices (Unione Panificatori-Listino Prezzi del Pane)
Desogus Law Office (Cagliari)
By a recent decision the Italian Competition Authority (ICA) has condemned the Rome’s branch of the Italian trade association of bakers (Unione Panificatori) for fixing retail prices for bread in the city and province of Rome. The facts of the case In September 2007, following a meeting of the (...)

The German Federal Competition Office imposes a fine on a pharmaceuticals distributor for having influenced in an anticompetitive way the resale prices for non-prescription pharmaceuticals (Bayer Vital)
Linklaters (Dusseldorf)
Description of the impugned case The case deals with an indirect RPM clause: Bayer Vital concluded target agreements with several pharmacies according to which Bayer promised an additional rebate to the pharmacies for the positioning of the Bayer products as premium products and the (...)

The Hungarian Competition Authority finds RPM agreement to be de minimis (Büki Ásványvíz)
Oppenheim
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Oppenheim - Budapest
Description of the impugned case The non-alcoholic beverage distribution agreements in question contained straightforward RPM clauses. Nevertheless, the HCO took into account that these agreements represented only a small portion of the supplier’s distribution portfolio and of the relevant (...)

The Hungarian Competition Office holds, in relation to the distribution of energy drinks, that selective resale price fixing is not a hardcore restriction (Büki Ásványvíz- és Üditõital Kereskedelmi)
Morley Allen & Overy Iroda (Budapest)
,
MVM OVIT (Budapest)
Background In its decision of 14 May 2008 (GVH Decision), the Competition Council of the Hungarian Competition Office (GVH) terminated the proceedings against Büki Ásványvíz- és Üditõital Kereskedelmi Kft. (Büki Ásványvíz), with respect to certain restraints in vertical agreements concluded by the (...)

The Hungarian Competition Council terminates an investigation concerning vertical price fixing suggesting a more economic approach (Büki)
Ernst & Young
The Hungarian Competition Council terminates an investigation concerning certain vertical restrictions - including vertical price fixing (RPM) clauses - contained in the soft drink supply agreements of Büki Ásványvíz- és Üdítõital Kereskedelmi Kft. ("Büki"). The background of the investigation The (...)

The US FTC modifies a 2000 consent order and sets aside the prohibitions imposed on a manufacturer to set minimum resale prices in contracts with retailers (Nine West Group)
Crowell & Moring (Washington)
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Crowell & Moring (Washington)
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Crowell & Moring (Washington)
Shoe seller Nine West Group Inc. has successfully petitioned the FTC to modify a 2000 consent order in which the company agreed not to undertake agreements with its retailers setting minimum resale prices. The case provides a significant guidepost for U.S. manufacturers who have been searching (...)

The French Supreme Court sets the standard of proof for vertical price fixing agreements (Casino - Disney video)
Freshfields Bruckhaus Deringer (Paris)
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Lni avocats (Paris)
In 2005, the French Competition Council (“the Council”) fined Buena Vista Home Entertainment (“BVHE“), the exclusive distributor of Disney video cassettes in France (€3.1 million), the retailers Casino (€3.2 million) and Carrefour (€5.7 million), and the wholesaler SDO (€2.4 million) for engaging in a (...)

The Polish Competition Authority fines € 13.3 millions two distributors for vertical agreement on prices (Castorama Polska - ICI Polska)
Hogan Lovells (Warsaw)
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PKN Orlen
Factual background On 7 April 2008, the President of the Office for Competition and Consumer Protection («OCCP») found Castorama Polska Sp. z o.o. («Castorama») and ICI Polska Sp. z o.o. («ICI») guilty of a concerted practice regarding the price fixing of paints and varnishes. The joint amount of (...)

The Hellenic Competition Commission imposes a € 470,000 fine for fixing sales prices and preventing passive sales between wholesaler in the frozen vegetables for domestic consumption market (Geniki Trofimon -Vivartia)
University of East Anglia - CCP (Norwich)
Background On 31 March 2008, the Hellenic Competition Commission (HCC) imposed a €468,870 fine on Geniki Trofimon A.E. (part of Vivartia A.E.) for fixing sales prices and abusing its dominant position in the market for frozen vegetables for domestic consumption. The company was found to have (...)

The New York District Court enters a consent decree in a case brought by Attorneys General of New York, Illinois and Michigan, requiring furniture manufacturer to terminate alleged minimum resale price maintenance program (Herman Miller)
McDermott Will & Emery (Washington)
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McDermott Will & Emery (Chicago)
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McDermott Will & Emery (Chicago)
District court case could affect implementation of minimum resale price maintenance programs. Sellers must still exercise great caution when designing minimum resale price programs for their resellers in the United States following the recently settled New York v. Herman Miller, Inc. case. (...)

The Paris Court of Appeal upholds the NCA decision to impose € 580,000 fine on a national scale agreement aimed at hindering the free setting of prices by product distributors (Master Cycle, Bouticycles)
LeMore Avocats
Description of the impugned case The 22 companies implemented a series of anticompetitive agreements and introduced into the terms of sale and other distribution contracts anticompetitive clauses, aimed at hindering the free setting of prices by the product distributors. Small retailers (...)

The Polish Competition Authority condemns a resale price maintenance agreement but applies leniency (Tikkurila Polska)
French National Research Agency (ANR)
On December 31, 2007 the President of the Office for Competition and Consumer Protection (hereafter: the OCCP President) issued the second decision applying leniency provisions. The first ever leniency concerned a vertical agreement between Polifarb Cieszyn-Wroclaw, a producer of paints and (...)

The French Competition Authority fines five toy manufacturers and three distributors for an anticompetitive agreement on prices (Lego)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence imposes a €37 million fine on 5 toy manufacturers and 3 distributors* Following a referral by the ministry of Economy, the Conseil de la concurrence issues a decision against five (...)

The French Competition Council condemns vertical price-fixing agreements in the toy distribution sector (Toys Decision)
Simmons & Simmons (Paris)
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Hewlett Packard (Boulogne-Billancourt)
On 20 December 2007, the French Competition Council (the “Council”) fined five manufacturers (Chicco - Puériculture de France, Goliath France, Hasbro France, Lego and MegaBrands) and three distributors (Carrefour France, EPSE-JouéClub and Maxi Toys France) for entering into vertical agreements to (...)

A Dutch Court holds anticompetitive the termination of a dealer agreement for non-compliance by the retailer with the recommended retail prices (Design v. Eastborn Slaapsystemen)
European Commission - DG HR
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European Court of Justice (Luxembourg)
MF Design is one of the three hundred retailers in the Netherlands selling bedroom necessities manufactured by Eastborn Slaapsystemen (hereafter “Eastborn”). Eastborn used to issue recommended retail prices, which were published in its price catalogue. In 2004, MF Design announced on its website (...)

The Hungarian Competition Authority condemns an RPM scheme concerning navigation devices and PDA software (Navi-Gate)
Oppenheim
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Oppenheim - Budapest
Description of the impugned case A number of distribution agreements by Navi-Gate for the sale of navigation devices and PDA software contained straightforward RPM clauses. Albeit certain agreements contained the express term « recommended » prices, the HCO found that the language of the (...)

The Hungarian Competition Council imposes a fine for resale price maintenance, prohibits recommended retail prices amounting to vertical price fixing but terminates proceedings against distributors not actively participating in the infringement in the markets of PNA devices and PDA navigation software (Navi-Gate)
Ernst & Young
The Hungarian Competition Office fined Navi-Gate Kft HUF 43 million (ca. EUR 170 000) for entering into illegal vertical agreements with sub-distributors fixing the retail price of Garmin navigation (PNA) devices and the I-Go navigation software for PDA devices. Although the investigation was (...)

The Polish Competition Authority condemns resale price maintenance on the ceramic roofing-tile market (Röben Ceramika Budowlana)
French National Research Agency (ANR)
Röben Ceramika Budowlana Sp. z o.o. (hereafter: Röben) is a Polish limited liability company which is controlled by Röben Betailigungsgesellschaft mbH (Germany) who owns 100 per cent of its shares. Röben is specialized in manufacturing, inter alia, ceramic roofing-tiles, which are sold via (...)

The US Supreme Court overturns its long-standing prohibition against vertical agreements between manufacturers and their dealers setting minimum resale prices (Leegin Creative)
White & Case (Washington)
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White & Case (Washington)
This article is part of a set of 5 articles released in Concurrences N°3-2008: Resale price regulation: Leegin and much more * The authors gratefully acknowledge the contributions of summer associates Christel Green and Aaron McAllister. I. Introduction 1. In 2007, the Supreme Court of the (...)

The US Supreme Court overrules the nearly 100-year-old per se prohibition of vertical minimum price restraints finding that they are to be judged by the rule of reason (Leegin Creative)
Berlin Freie Universität
I. Background After the per se prohibition of non-price vertical restraints and of maximum resale price maintenance have long been abolished by overruling Supreme Court decisions [Continental T.V. v. GTE Sylvania Inc., 433 U.S. 36 (1977) and State Oil v. Kahn, 522 U.S. 3 (1997)], Leegin is the (...)

The Paris Court of appeal rejects rule of reason reasoning and confirms ban on resale price maintenance (Guerlain)
University Paris II Panthéon‑Assas
On March 13, 2006, the French competition council imposed a heavy fine on several manufacturers and distributors of luxury perfumes in France, for the implementation of a network of vertical agreements aiming at imposing minimum resale prices. In the judgment under review, the Paris court of (...)

The Spanish Antitrust Authority fines € 4 M an olive oil manufacturer and a large retail distributors for retail price maintenance (Aceites)
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Compass Lexecon (Madrid)
The Spanish Antitrust Court (Tribunal de Defensa de la Competencia, TDC) has imposed fines of 2 million euros to the SOS-Cuétara group (the largest olive oil manufacturer in Spain), and 2 million euros to be distributed among the main retailers in proportion to their shopping area. The TDC found (...)

The Swiss Federal Council confirms the prohibition of book resale price maintenance (Swiss Association of Booksellers and Publishers, Sammelrevers agreement)
Riesen Law
I. Introduction On May 2, 2007 the Federal Council (Swiss Government) rejected a request for an exceptional authorisation of the “Sammelrevers” agreement based on Art. 8 of the Federal Act on Cartels and Other Restraints of Competition of 6 October 1995 (the "Competition Act") issued by the (...)

The German Federal Cartel Office imposes a fine on the producer of small electrical equipment and products for having exerted pressure on dealers in order to induce them to abide by the recommended retail prices and for having encouraged intermediaries to refuse to supply dealers who did not maintain the recommended price levels (Groupe SEB)
Linklaters (Dusseldorf)
Description of the impugned case The case deals with an indirect RPM clause. Groupe SEB Deutschland GmbH and Krups GmbH, two producers of small electrical equipment, exerted pressure on dealers who undercut the recommended retail sale prices i.e by refusing to pay rebates and to supply those (...)

The Polish Competition Authority fines a manufacturer of roof gutters systems and its distributors for price fixing agreement (ZTSG)
French National Research Agency (ANR)
President’s of the Office for Competition and Consumer Protection (Prezes Urzedu Ochrony Konkurencji i Konsumentów), 12 April 2007, Decision n° RKR-32/2007, concerning the vertical agreement concluded between Zaklad Tworzyw Sztucznych Gamrat S.A., a roof gutters systems manufacturer, and its 4 (...)

The French Competition Authority sanctions a company for agreeing with distributors to have set a single resale price in the sector of game consoles and video games (PlayStation 2)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence penalizes Sony Computer Entertainment France for agreeing with distributors to have set a single resale price on Play Station 2 during French launching.* Following a referral by (...)

The Italian Competition Authority closes investigations in the market of veterinary services for alleged breach of Art. 81 EC by accepting commitments relating to minimum fares and health advertising (Ordine dei medici veterinari di Torino)
Linklaters (Milan)
Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato “AGCM”), 21 February 2007, Case 1668, Ordine dei medici veterinari di Torino, Provvedimento n°16500, Chiusura istruttoria ; Bollettino n° 8/2007, 12 March 2007 On 24 May 2006, the Autorità Garante della Concorrenza e (...)

A Dutch Court decides, in an interlocutory proceeding, that the nullity of a price-fixing clause brings along the nullity of the franchise agreement as a whole, including its non-compete clause (Make It Easy)
European Commission - DG HR
,
European Court of Justice (Luxembourg)
Several franchise agreements were concluded between Make It Easy B.V. and Make It Easy Reality B.V. (hereafter the franchisers) on the one hand, and Make it Easy Gelderland V.O.F as well as other undertakings (hereafter the franchisees), on the other. According to these franchise agreements, (...)

The Swiss Supreme Court confirms Competition Commission’s decision ordering the abolition of a market-wide system imposing fixed resale prices to all books sold over the counter (Distribution of books)
Agon Partners (Zurich)
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Zurich District’s Prosecutor
Description of the impugned case After almost 10 years of procedure, including two full scale appeal procedures up to the Supreme Court, the so called Sammelrevers 1993 covering the entire distribution for books in Switzerland with a Straightforward Resale Price Maintenance (RPM) system was (...)

The French Competition Authority fines a chocolate manufacturer for having imposed on its franchisees retail prices to certain of its corporate customers (Jeff de Bruges)
UGGC Avocats (Paris)
Description of the impugned case Jeff de Bruges SAS limited the contractual freedom of its franchisees by imposing retail prices for certain corporate customers (comité d’entreprise). These sales with specific range of products were promoted through “books CE”, containing notably CE prices, (...)

The French Competition Council fines a chain store chocolate franchisor for a price fixing practices in sales to work councils (Jeff de Bruges)
White & Case (Paris)
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French Competition Authority (Paris)
,
European Commission - DG COMP (Brussels)
French Competition Council (Conseil de la Concurrence), 24 January 2007, Decision n° 07-D-04, rregarding practices implemented by the Jeff de Bruges franchise network (“relative à des pratiques mises en œuvre par le réseau de franchise Jeff de Bruges”) In a decision dated 24 January 2007, the (...)

The French Competition Council fines a Belgian chocolate manufacturer for having imposed resale price maintenance for sales to works committees (Jeff de Bruges)
AptarGroup
By a decision dated January 27, 2007, the French Competition Council fined the Belgian chocolate manufacturer Jeff de Bruges for fixing retail prices concerning chocolate sales to works committees. The Belgian company Jeff de Bruges specializes in the distribution of chocolates and other (...)

The Turkish Competition Board holds that a distribution agreement contains prohibited resale price maintenance (Frito Lay)
Erdem & Erdem
By a decision dated 11 January 2007, the Turkish Competition Board (Hereafter “CB”) held that the international chips producer Frito Lay’s hand terminal system is prohibiting the distributors from determining the resale prices and therefore can not be considered in the scope of the Block Exemption (...)

The French Competition Authority sanctions 22 companies for having entered into an agreement on the sector of cycle and cycle products distribution (Master Cycle, Bouticycles)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Cycle and cycle products distribution: The Conseil de la concurrence imposes fine of 580 000 euros on a national scale agreement involving 22 companies.* Following a referral by the Minister of Economy on (...)

A Danish Court confirms that reporting of sales prices and contribution margins may amount to resale price fixing (Bestseller)
Danish Competition and Consumer Authority (Copenhagen)
On 27 November 2006, the High Court of Western Denmark upheld a decision by the Danish Competition Appeal Tribunal finding that an IT-system through which the supplier was informed on a daily basis of independent retailer’s sales prices and contribution margins on individual items effectively (...)

The Court of Appeal of England and Wales dismisses appeals from two decisions of the CAT which had dismissed appeals from two decisions of the OFT finding resale price maintenance and price fixing in respect of replica football kit, toy and games (Argos, Littlewoods, JJB Sports)
Addleshaw Goddard (London)
Description of the impugned case This joint judgment concerned two cases of straightforward RPM concerning, respectively, replica football kits and Hasbro toys and games, that broadened into horizontal collusion. Each case involved vertical RPM agreements and a «horizontal« collusive agreement (...)

The UK Court of Appeal rules on discussions on vertical basis and restricts the CAT’s test (Argos and Littlewood - JJB Sports)
British Institute of International and Comparative Law
Judgment on liability On 30 July 2003, the Competition Appeal Tribunal (“CAT”) handed down its judgment in the Argos and Littlewoods case (hereafter Hasbro) remitting the decision under appeal back to the OFT. On 21 November 2003 (Office of Fair Trading (OFT), 21 November 2003, Decision n° (...)

The Polish NCA imposes record fines for price fixing agreement between supermarkets and a paints and varnishes producer (Polifarb Cieszyn-Wroclaw)
Gide Loyrette Nouel
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Sdzlegal Schindhelm (Wroclaw)
Office for Competition and Consumer Protection (Urzedu Ochrony Konkurencji i Konsumentów), 18 September 2006, n° DOK 107/06, concerning anticompetitive agreement concluded between Polifarb Cieszyn-Wroclaw and seven building materials supermarkets On 18 September 2006, the President of the Office (...)

The Polish Competition Authority imposes record-breaking fines for resale price maintenance agreement on paints market (Polifarb Cieszyn-Wroclaw)
Hogan Lovells (Warsaw)
The Office for Competition and Consumer Protection (“OCCP”) has imposed record fines of PLN 110 million (€ 28,300,000 ) on Polifarb Cieszyn-Wroclaw (“Polifarb”) and seven chains of DIY supermarkets for breaching competition law. The OCCP found that these parties had jointly fixed resale prices. In (...)

The Polish NCA imposes record fines for resale price maintenance after a detailed assessment of the trade between member States criterion (Polifarb Cieszyn-Wroclaw)
French National Research Agency (ANR)
In the beginning of 2005, Polifarb Cieszyn- Wroclaw S. A. (hereafter : Polifarb), a producer of paints and varnishes, proposed to seven building materials supermarkets, namely, Praktiker, Obi, Castorama, Leroy Merlin, Nomi, Platforma and Bricomarché, a so called “stabilization discount”. The (...)

A German court sanctions price-fixing among retailers after discontinuation of drugs regulatory retail price maintenance (OTC-Praparate)
European Commission - DG COMP (Brussels)
Background According to German competition law, companies which exchange information about their future market activity might be found to be in breach of competition law rules. Article 1 of the German Competition Act (GWB) includes a prohibition of ‘concerted practices’ the effect or objective (...)

The Hungarian Competition Authority condemns collective RPM of publishers and bookstores (MKKE)
Oppenheim
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Oppenheim - Budapest
Description of the impugned case The association of Hungarian publishers and bookstores adopted a rule making the resale price prescribed by the publisher mandatory. In fact, as a result of the operation of such rule, publishers were granted the right to determine the retail prices of the (...)

The Hungarian NCA holds that the professional rules of book publishers and retailers association restrict competition (Association of Book Publishers and Book Retailers-MKKE)
bpv Jadi Nemeth Attorneys
The Competition Council of the Hungarian Competition Authority (Gazdasági Versenyhivatal - GVH) established in its decision, issued on 11 April 2006, that certain provisions of “The rules concerning competition of Hungarian publishing and bookselling” of the Hungarian Association of Book (...)

The Hungarian Competition Authority condemns factual resale price maintenance (Kemira)
Oppenheim
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Oppenheim - Budapest
Description of the impugned case The distribution agreements in question by the producer (Kemira) did not contain RPM clauses; on the contrary, they provided that the distributor’s pricing policy is not restricted. Nevertheless, the producer sent several mails, calls and warnings to the (...)

The French NCA fines producers and retailers for vertical price-fixing agreements in the luxury perfume sector
MAPP (Paris)
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University Pompeu Fabra (Barcelona)
The French Competition Authority (FCA) fined 13 luxury perfume companies and 3 national distribution chains for entering into vertical price fixing agreements. The fines total 46.2 million Euros. The French Competition Authority stated that the existence of an anticompetitive conduct was (...)

The US Supreme Court reaffirms market power requirement to determine a tying arrangement as per se unlawful (Independent Ink)
BakerHostetler (Washington)
Are tying arrangements illegal per se?* In the deep, dark antitrust dungeon reserved for per se offenses, only one species of conduct remains that does not involve a horizontal conspiracy: tying arrangements. Minimum resale pricing agreements tunneled their way out thanks to the Supreme (...)

The French Competition Authority sanctions several companies for having engaged in vertical price agreements regarding the distribution of video cassettes for children (Disney video cassettes)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Disney video cassettes for children: The Conseil de la concurrence fines the companies BVHE, Casino, Carrefour and SDO for engaging in vertical price agreements.* Following a referral from the Ministry of (...)

A Dutch Court decides that the decision of the competition authority should have been annulled since the latter did not examine whether a restrictive distribution agreement had an appreciable effect on competition (Secon & G-Star)
European Commission - DG HR
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Dutch Ministry of Security and Justice
G-Star is a subsidiary of Secon. It supplied clothes to clothing shops. The distribution agreement between the supplier and the retailers provided that the contract goods could not be sold to consumers from other premises than those to which the goods were supplied. Retailers were therefore (...)

The Irish Government abolishes a below-cost pricing regulation (Groceries Order)
Baker Botts (Brussels)
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Hogan Lovells (Brussels)
On 8 November 2005, the Irish government announced that it would revoke the much maligned Restrictive Practices (Groceries) Order 1987 (“Groceries Order”) legislation that was enacted to tackle anti-competitive below-cost pricing conducted by large retailers. In its place, the government (...)

A Dutch Court states that a discount on sale prices agreed between retailers and suppliers associations does not constitute resale price fixing with reference to EC law (Modint)
European Commission - DG HR
,
Dutch Ministry of Security and Justice
Modint was an association of textile undertakings active in the promotion of its members’ commercial interests, especially those relating to commercial transactions. Modint Credit & Finance B.V. (hereafter “MCF” ) was a company providing commercial related services to Modint. Modint members (...)

The Polish Competition Authority launchs enquiries on price fixing in the retail distribution sector (Polifarb Cieszyn, Wrocaw)
Sulima Grabowska Sierzputowska
The Head of the Office for Competition and Consumer Protection (the “Head of the OCCP”) suspected that Polifarb Cieszyn-Wroclaw S.A. - a producer of paints and varnish products - as well as seven supermarkets selling building products, namely Praktiker, Obi, Castorama, Leroy Merlin, Nomi, (...)

The Greek NCA fines several professional associations for having imposed minimum fees for the rendering of dental services (Hellenic Dental Association)
Hellenic Institute of International and Foreign Law (HIIFL)
The case concerned the fixing of compulsory tariffs of minimum fees of their members by seven regional dental societies, namely the Dental Societies of Attica, Piraeus, Achaia, Heraclion, Serres, Magnesia, and Thessalonica. This practice was assisted and guided by the Hellenic Dental (...)

The Irish Competition Authority calls for the repeal of the restrictive practices Order, contending that it facilitates retail price maintenance and hinders effective competition (Restrictive Practices - Groceries - Order)
London School of Economics
Section 30 of the Competition Act, 2002 mandates the Irish Competition Authority (hereinafter “NCA”) to advise government ministers on issues arising in the course of their functions which have an impact on competition. In light of this provision, the NCA responded to the Minster for Enterprise’s (...)

A Belgian Court holds that a provision requesting feedback on resale prices does not constitute resale price maintenance (IDH Diamonds / Billiton Diamonds)
Leuven University
Description of the impugned case This case involved two undertakings active in the diamond industry, IDH Diamonds NV (‘IDH’) and BHP Billiton Diamonds Belgium NV (‘BHP’). In 1997 they had entered into an agreement under which IDH would become a ‘regular client’ of BHP, whose customers for diamonds (...)

The French Competition Authority sanctions a company and its distribution network for anticompetitive agreements and abuse of dominant position in the dog food market (Royal Canin)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Anticompetitive agreements and abuse of dominant position in the dog food market: The Conseil de la concurrence fines Royal Canin and distribution network a total of 5,000,000 Euros.* Following a referral (...)

The UK Competition Appeal Tribunal confirms that indirect contact between competing retailers via a mutual supplier can amount to concerted practices and that recommended retail prices may lead to price fixing (Replica Football Kit)
British Institute of International and Comparative Law
This case comment falls in two parts : Part I comments upon the judgment on liability, and Part II comments upon the judgment on penalty. PART I: JUDGMENT ON LIABILITY THE PARTIES Appellants: JJB Sports PLC (“JJB”) and Allsports Limited (“Allsports”). Respondent: The Office of Fair Trading (...)

The French Competition Council fines € 75.000 a price resale maintenance agreement in the weapons and ammunition distribution sector on the basis of both Art. 81 EC and national provisions (Browning Winchester)
Gide Loyrette Nouel (Brussels)
,
DLA Piper (Paris)
The case had been brought before the Competition Council by an armourer, following the termination by BWF of its commercial relationship with the manufacturer, which leads the French firearms’ market along with Beretta-Benelli France. The Council considered that BWF had established an (...)

The Polish Office for Competition fines a book publisher and distributors for entering into an anti-competitive price fixing agreement (Harry Potter)
Gajek i Wspólnicy. Adwokaci i Radcowie Prawni sp.k.
,
Sulima Grabowska Sierzputowska
In November 2004, Harbor Point - the sole owner of the ‘Harry Potter’ publishing rights for Poland - and several wholesale books distributors agreed in a meeting on certain sales conditions. An agreement was later signed between the parties whereby they decided to sell ‘Harry Potter’ books for a (...)

The French Competition Council rigorously applies the Sandoz and Bayer EC cases in the context of vertical non-contractual relations (Studio 26/Rossimoda)
Sheppard Mullin (Brussels)
,
Lni avocats (Paris)
Background Studio 26, a retail shop selling luxury brand shoes and leather products, lodged a complaint with the Competition Council alleging practices aiming at fixing the resale price of shoes by Rossimoda, an Italian subsidiary of LVMH. Studio 26 based its claim on letters received from (...)

A Dutch Court declares a franchise agreement void because of a clause allowing the franchisor to impose a maximum price for promotional purposes (Market Food Group - “Bakkerijt Stoepje")
European Commission - DG HR
Market Food Group B.V. (hereafter “MFG”) is active in bakery products. It has developed a franchising network under the brand “Bakkerij ‘t Stoepje” for open air markets stands in The Netherlands. The franchise agreement contains inter alia the following clauses: The franchisee shall exclusively (...)

The Austrian cartel Court rejects the complaint of resale price maintenance against the new distribution system of an airplane company (Lufthansa)
Reidlinger Schatzmann Rechtsanwälte
In summer 2004, after Deutsche Lufthansa AG had terminated all their contracts with Austrian travel agencies in April 2004 (taking effect from October 2004), the Austrian travel agencies’ trade association complained to the Austrian Federal Competition Authority [Bundeswettbewerbsbehörde (BWB), (...)

The UK Competition Appeal Tribunal holds that a retailer cannot circumvent UK nor EU competition law simply by passing information to competitors through the intermediary of a supplier (Argos - Littlewoods)
Sanoma
Competition Appeal Tribunal (CAT), 14 December 2004, Argos Limited & Littlewoods Limited v. Office of Fair Trading, Cases 1014 and 1015/1/1/03, Judgment on liability , [2004] CAT 24 This case concerned an appeal brought before the Competition Appeal Tribunal (“CAT”) by Argos Limited (...)

A Belgian Appeal Court holds valid a resale price maintenance provision taking into consideration lack of evidence that the agreement restricted the national market or a substantial part of it (Incanto / Livoque)
Leuven University
Description of the impugned case On 20 September 2004, the Antwerp Court of Appeal (‘the Court’) rendered its decision on the compatibility of a franchising agreement with the Belgian competition rules. The franchisor, Incanto BVBA, is active in the sector of jewellery and accessories and has (...)

The Spanish Competition authorities condemns a price fixing agreement imposed to a reseller in the large retail distribution sector (Mondariz/EKO-AMA)
Sheppard Mullin (Brussels)
Tribunal de Defensa de la Competencia, Case 578/04, EKO-AMA / MONDARIZ, 2 November 2004 Background The producer of bottled water Mondariz supplied EKO-AMA (a central purchase company that also operates supermarkets with bottles of water, fixing minimum resale prices for bottles of 1,5L (since (...)

The French Competition Authority issues an opinion on the state of competition in the non-specialist large-scale retail sector (UFC Que Choisir)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Rise in "back margins" paid to large-scale retailers, inflation and competition: In an opinion handed down to the consumers association UFC-Que Choisir on 18th October 2004, the Conseil de la concurrence (...)

A Belgian Court of Appeal rules that the obligation to obtain the supplier’s approval of advertisement campaigns in a selective distribution relationship does not constitute an indirect resale price maintenance clause (Chanel a.o./ Makro)
Johnson & Johnson (Brussels)
Description of the impugned case In Belgium, as in other countries, the Chanel cosmetic products and perfumes are distributed through a selective distribution network. The selective distribution agreements used in this regard, were notified to the European Commission and the Belgian (...)

The Danish Competition Appeal Tribunal annuls a decision of the NCA on fixed books prices for reimport of Danish books on the basis of Art. 81 EC after full assessment of ECJ and EC Commission’s case law on trade between Member States (Book Publisher)
Danish Competition and Consumer Authority (Copenhagen)
On 18 August 2004, the Danish Competition Appeal Tribunal annulled the decision of 24 September 2003 whereby the Danish Competition Council found that the Danish Book Association (“The association of Danish book publishers “) had infringed Article 81 when it prevented booksellers in other (...)

The Hungarian Competition Authority closes proceedings following commitment to cease RPM (Bobájka)
Oppenheim
,
Oppenheim - Budapest
Description of the impugned case The lease agreements of Bobájka (a producer of bakery products) contained straightforward RPM clauses and also exclusivity clauses (the tenants/retailers were obliged to sell exclusively the products of Bobájka within the territory of the leased property and only (...)

The Hungarian Competition Authority does not find RPM in the automobile sector to be anti-competitive due to low market shares of seller (MB-Autó)
Oppenheim
,
Oppenheim - Budapest
Description of the impugned case The agreements by MB-Autó (the importer of Mercedes-Benz type motor vehicles in Hungary) with its dealers / distributors contained a clause whereby the delaers / distributors were obliged to request the written approval of MB-Autó to discounts provided to their (...)

The Hungarian Competition Authority finds that RPM in agency agreements does not infringe competition law (Westel Mobil)
Oppenheim
,
Oppenheim - Budapest
Description of the impugned case The supplier (Westel Mobil, a mobile telecommunications service provider), concluded agreements on the marketing and sale of mobile telecommunications services and discounted cell phones with different dealers; the agreements contained RPM clauses. The HCO (...)

The German Federal Cartel Office imposes fines on two manufacturers for infringing the prohibition to influence retail sale prices in an anticompetitive way (Swissphone Telecommunications / Ansmann Energy)
Linklaters (Dusseldorf)
Description of the impugned case One case deals with in indirect RPM clause: the producer of telecommunication equipment provided his dealers with rebates under the condition that they would maintain the recommended sale prices (Swissphone). In the other case, the producer of batteries and (...)

The French Competition Council authorizes a franchisor to recommend a maximum resale price on its franchisees (Plus International)
Terre Azur (Pomona Group)
Description of the impugned case In a case of a franchising agreement, the franchisor recommended to franchisees to respect a maximum price during promotional and non-promotional period. The French competition Council considers that the pricing policy implemented by the franchisor was not (...)

The German Federal Cartel Office imposes a fine on the producer of electrical products for having concluded anticompetitive agreements on the pricing of certain products, for having threatened third parties with disadvantages in order to induce them to behave in an anticompetitive manner and for having illegally recommended certain retail prices (Akkutechnische Erzeugnisse)
Linklaters (Dusseldorf)
Description of the impugned case The case deals with both, a straightforward RPM system and indirect RPM clauses. On the one hand, the producer directly agreed on a certain pricing structure with ebay dealers, thereby infringing the (at that time applicable) German law prohibition on the fixing (...)

The European Commission fines Japanese manufacturer of electronic musical instrumental for restrictions of trade and resale price maintenance in Europe (Yamaha)
European Commission - DG COMP (Brussels)
"Commission fines Yamaha for restrictions of trade and resale price maintenance in Europe"* On 16 July 2003, the Commission adopted a decision finding that Yamaha Corporation Japan, Yamaha Europa GmbH, Yamaha Musica Italia s.p.a., Yamaha Musique France S.A. and Yamaha Scandinavia AB have (...)

The Hungarian Competition Authority objects to RPM and exclusive purchasing in petrol station franchising agreements (MOL)
Oppenheim
,
Oppenheim - Budapest
Description of the impugned case The agreements at stake were part of a franchising network by MOL (the largest oil and gas company in Hungary) relating to operators of petrol stations and contained straightforward RPM clauses. The agreements also contained exclusive purchasing obligations. (...)

The German Federal Court of Justice holds that a franchisor’s advertisement containing sale prices can constitute a prohibited retail price maintenance if the franchisor does not explicitly limit the indication of price to his own branches or clearly indicates that they are not binding for the franchisees (Apollo)
Linklaters (Dusseldorf)
Description of the impugned case The case deals with indirect RPM in the framework of a franchising system. The BGH holds that if a franchisor who distributes his products both, via a franchise system and via his own branches, advertises with fixed sale prices without however limiting such (...)

The Hungarian Competition Authority finds price fixing among competitors concerning the determination of recommended prices applied towards their sub-contractors to be anti-competitive (Trans Holding)
Oppenheim
,
Oppenheim - Budapest
Description of the impugned case The undertakings under investigation (five Hungarian undertakings, the business activity of which is carrying out the examination of originality of automotives) agreed in fixing their prices towards their sub-contractors and at the same time required such (...)

The German Federal Court of Justice holds that restrictions of retailers’ pricing freedom that are limited to a short period of time and that are not appreciable do not constitute an unlawful RPM (1 Riegel extra)
Linklaters (Dusseldorf)
Description of the impugned case The case deals with a competitor’s claim against the sales-promotional action of a distributor of chocolate bars in the framework of which this distributor brought on the market packages with the imprint « Action box.... only for a short period of time: 1 extra (...)

The UK Director General of Fair Trading finds that a Spanish porcelain manufacturer has entered into selective distribution agreements with national retailers with the aim of preventing those retailers from selling its figurines at discount prices (Lladró Comercial)
Addleshaw Goddard (London)
Description of the impugned case The DGFT began an investigation under the Competition Act 1998, following complaints from three independent UK-based retailers, to determine whether selective distribution agreements concluded between Lladró Comercial, a manufacturer and supplier of porcelain (...)

The US Northern District Court of Texas holds that the supplier’s policy of linking the wholesale price to the distributor’s retail price does not amount to illegal resale price maintenance as long as the distributor is free to set its retail price (Lubbock Beverage / Miller Brewing)
United First Partners
Introduction The Lubbock Beverage Co. v. Miller Brewing Co.case involves allegations by a distributor that the supplier’s practice of linking the wholesale price to the distributor’s retail price amounted to illegal resale price maintenance (“RPM”) and vertical price fixing. The federal district (...)

The French Competition Council holds systematic discount prohibition in a selective distribution network as prohibited indirect resale price maintenance (Bausch & Lomb / Casino)
Terre Azur (Pomona Group)
Description of the impugned case Regarding to the facts, French competition Council showed that all pricing policy of distributors contrary to the price floor determined by the supplier, even on a short period, should be assimilated to a systematic discount prohibited by the supplier. Indeed, (...)

The German Federal Court of Justice holds that a municipality that subsidises certain trips with taxis or rental cars with an allowance does not infringe the vertical price fixing prohibition by entering into a framework contract with the service provider according to which the provider agrees to transport guests at a certain rate (Jugendnachtfahrten)
Linklaters (Dusseldorf)
Description of the impugned case The BGH holds that the obligation of the service provider to forward orders at fixed conditions does not constitute an infringement of the prohibition to fix prices for agreements with a third party as in the taxi drivers are under no obligation to provide (...)

The Netherlands Competition Authority decides that an umbrella organisation of hairdressers shall cease issuing recommended prices to its members (ANKO)
Netherlands Authority for Consumers & Markets (The Hague)
NMa: End to Recommended Prices Hairdressers’ Organisation* The Director-General of the Netherlands Competition Authority (NMa) has decided that the umbrella organisation of hairdressers, Koninklijke Algemene Nederlandse Kappersorganisatie ANKO [Royal Dutch Hairdressers Association] must cease (...)

The Netherlands Competition Authority finds that the larger oil companies keep the price of petrol, diesel and LPG artificially high through a system of agreements with independent filling station owners (Shell / BP / Esso / TotalFina / Texaco)
Netherlands Authority for Consumers & Markets (The Hague)
NMa: Oil Companies Keep Prices Artificially High through Agreements with Filling station Owners* The Netherlands Competition Authority (NMa) has established that the larger oil companies (Shell, BP, Esso, TotalFina and Texaco) keep the price of petrol, diesel and LPG artificially high through (...)

The German Federal Cartel Office imposes a fine on a specialist retailer for not having clearly distinguished his own branches from the franchisees with regard to pricing and advertisement policies, thus restricting the franchisee’s freedom to determine their own retail prices
Linklaters (Dusseldorf)
Description of the impugned case The FCO decided that the specialist retailer violated the (at that time applicable) special prohibition to recommend retail prices in particular by providing the franchisees with price recommendations without however indicating that those prices were not (...)

The European Commission issues its first decision concerning retail price maintenance and imposes a € 30.96 million fine on German car manufacturer (Volkswagen)
European Commission - DG COMP (Brussels)
,
European Commission - DG COMP (Brussels)
"First decision concerning retail price maintenance: Commission imposes a € 30.96 million fine on Volkswagen AG for retail price maintenance measures on the German market"* 1. Introduction On 30 May 2001, the European Commission adopted a decision imposing a fine of € 30.96 million on (...)

The UK Restrictive Practices Court orders the removal of the legal protection from price fixing on certain branded over-the-counter medicines (OTC Medecines)
Addleshaw Goddard (London)
Description of the impugned case Branded prescription only medicines and branded OTC medicines were granted an exemption in 1970 from the general prohibition of resale price maintenance in the Resale Prices Act 1964. After reviewing the position in 1995, the OFT decided to apply to the (...)

The German Federal Court of Justice holds that an agreement between a company that owns and lets housing units and a cable network operator according to which the increase of fees for the supply with cable TV to be paid by the tenants is dependent on the housing company’s approval is null and void due to an infringement of the prohibition to fix prices for contracts with third parties (Kabel-Hausverteilanlagen)
Linklaters (Dusseldorf)
Description of the impugned case The case deals with an indirect vertical price fixing clause between a housing company and a cable network operator which restricts the cable network operator in determining the fees charged from the housing company’s tenants in that in particular the (...)

The French Supreme Court upholds the judgment of the Paris Court of Appeal condemning the manager of a company to a € 7,500 fine for having refused to supply a distributor who was reselling its products at prices that were, in its view, too low (Claude Brasero)
UGGC Avocats (Paris)
Description of the impugned case This case involves an indirect RPM system applied in the context of a distribution agreement. The company Rockwood Isolation sent a letter to one of its distributor informing that latter that it was unacceptable that the distributor sold some of the supplier’s (...)

The Hungarian Competition Authority finds discriminative RPM agreement to be anti-competitive (Délhús)
Oppenheim
,
Oppenheim - Budapest
Description of the impugned case Nine meat processing companies and two retailers (METRO and SPAR) concluded agreements, which concerned the supply of raw smoked pork products. The undertakings under investigation agreed in the quantity to be offered to the two retailers and also determined (...)

The German Federal Court of Justice holds that a health insurer does not violate the vertical price fixing prohibition by agreeing with care providers on fixed prices for the services that the care providers render to insured patients (Zahnersatz aus Manila)
Linklaters (Dusseldorf)
Description of the impugned case The Court states that the health insurer’s fixing prices for certain dental services provided to insured patients does not constitute an unlawful vertical price fixing agreement due to the fact that the insurer finally has to pay for the dental services. As (...)

The French Competition Council rules that retaliations and boycott measures in order to maintain resale price constitutes an anticompetitive practice (Practices on fruits & vegetables sector)
Terre Azur (Pomona Group)
Description of the impugned case A French syndicate of producers imposed to distributors a resale price maintenance in order to stop importation of strawberries from Spain. The investigation showed clearly that syndicate threatened to apply retaliations and boycott measures. In consequence, (...)

The Hungarian Competition Authority condemns RPM for lock distribution (Euro-Elzett)
Oppenheim
,
Oppenheim - Budapest
Description of the impugned case Certain agreements by Euro-Elzett (a producer and distributor of locks) with its distributors contained clauses, which prohibited the distributors from applying resale prices at or lower the procurement price of the locks. Euro-Elzett also sent circulars to its (...)

The German Federal Court of Justice holds that the prohibition to fix prices regarding contracts with third parties is applicable to the relationship between franchisor and franchisee at least in the event that the franchisee himself bears the economic risk of his franchising business (Preisbindung durch Franchisenehmer)
Linklaters (Dusseldorf)
Description of the impugned case The case deals with indirect RPM in the framework of a franchising system in which the franchisor who operates several own branches, advertises for certain prices without however limiting the indications of prices to his own branches or pointing out their (...)

The Brussels Court of Appeals rules that resale price maintenance is an anti-competitive restriction by object, which always has an appreciable effect on competition (Laroy-Duvo/Belgian State)
Johnson & Johnson (Brussels)
Description of the impugned case Laroy-Duvo imports petfoods from the USA and distributes these products in Belgium. It imposed fixed retail prices on its distributors. Its distributors were repeatedly and explicitly warned that if the retail prices are not respected, they will no longer be (...)

The German Federal Court of Justice holds that the prohibition to fix prices for contracts with third parties also prohibits agreements under which the contractual partner is legally free in the framing of contracts with third parties, but where contractual obligations connect the use of such freedom with certain economic disadvantages
Linklaters (Dusseldorf)
Description of the impugned case The Court clarifies that only actual reactions of a producer’s advertisement on the pricing of resellers do as such not amount to an infringement of the vertical price fixing prohibition. This decision is based on a German law provision (Section 15 GWB) repealed (...)

The Hungarian Competition Authority finds recommended price compatible with competition law (Opel)
Oppenheim
,
Oppenheim - Budapest
Description of the impugned case Opel Southeast Europe Kft. (the exclusive importer and wholesaler of Opel branded vehicles in Hungary) concluded vehicle distribution agreements with its partners. According to the agreement, Opel had the right to recommend the resale price of the vehicles sold (...)

The Italian Competition Authority assesses a de minimis franchising contract (Il Tucano Franchising)
Ashurst
,
Pirelli
,
Background On 13 November 1997 the ICA issued its first decision regarding the compatibility of a franchise contract with the prohibition of anticompetitive agreements. The agreement which was assessed by the ICA regarded the franchising network set up by Il Tucano Franchising for the retail (...)

The US Supreme Court overrules 30-year old precedent and declares maximum resale price maintenance agreements should be reviewed under the rule of reason in a case against a gasoline wholesaler (State Oil / Khan)
Greenberg Traurig (Dallas)
,
Baker Botts (Washington)
Three years ago this summer, the U.S. Supreme Court abandoned the 100 year-old Dr. Miles doctrine that established a rule of per se illegality for minimum resale price maintenance (RPM) agreements in favor of the more lenient “rule of reason” test. Leegin Creative Leather Products, Inc. v. PSKS, (...)

The Swiss Competition Commission declares illegal a market-wide system imposing fixed resale prices to all scores of musical work sold in Switzerland (Schweizer Verband der Musikalien-Händler und -Verleger)
Agon Partners (Zurich)
,
Zurich District’s Prosecutor
Description of the impugned case The so called Sammelrevers für Musiknoten covering the entire distribution for scores of musical work in Switzerland with a Straightforward Resale Price Maintenance (RPM) system was declared unlawful. The RPM system was enforced among parties with penalties (...)

The French Competition authority orders an opticians network to stop publishing prices “generally applied” within its exclusive distribution network (Krys)
PPG Industries (Rueil-Malmaison)
Description of the impugned case The present case deals with the commercial practices carried out by the optician Krys through its exclusive distribution network. Investigations have showed that Krys has led national promotion campaigns where prices were indicated has “generally applied” by the (...)

The Belgian Competition Council rules that a resale price maintenance system in the petfoods sector constitutes a prohibited anti-competitive practice (Laroy-Duvo)
Johnson & Johnson (Brussels)
Description of the impugned case Laroy-Duvo imports petfoods from the USA and distributes these products in Belgium. It imposed fixed retail prices on its distributors. Its distributors were repeatedly and explicitly warned that if the retail prices are not respected, they will no longer be (...)

The UK Restrictive Practices Court holds that the Net Book Agreement between publishers under which the resale prices of books could be maintained by publishers is no longer in the public interest (Net Book Agreement)
Addleshaw Goddard (London)
Description of the impugned case Three orders of the Restrictive Practices Court in the 1960s declared that the Net Book Agreement under which the resale prices of books and certain related goods could be maintained by publishers were in the public interest. Following changes in the (...)

The German Federal Court of Justice holds that the CD-ROM version of a professional journal can legally be made subject of a vertical price fixing agreement (NJW auf CD-ROM)
Linklaters (Dusseldorf)
Description of the impugned case The BGH holds that the (at that time applicable) legal exemption of published products from the vertical price fixing prohibition is open for technical developments and includes new products, if and insofar as they are substitutable by traditional press or (...)

The Hungarian Competition Authority finds a beer distribution agreement containing minimum resale price to be anti-competitive (Budapesti Sör)
Oppenheim
,
Oppenheim - Budapest
Description of the impugned case Budapesti Sört Értékesítő Kft., a Hungarian wholesaler of beer, concluded various distribution agreements with its partners for the business year of 1996 containing a minimal resale price clause. The undertaking concerned argued that the minimal resale price had no (...)

The Hungarian Competition Authority finds making a set resale price as a condition to conclude a distribution agreement with a producer to be anticompetitive (Magyar Suzuki)
Oppenheim
,
Oppenheim - Budapest
Description of the impugned case Magyar Suzuki, the Hungarian producer of Suzuki branded motor vehicles concluded distribution agreements with 110 dealers. An overall condition for the conclusion of the distribution agreement was, among others, that the distributors / dealers undertook to (...)

The French Supreme Court upholds the judgment of the Paris Court of Appeal condemning the legal representative of two companies to a € 1,500 fine for having imposed a minimum resale price to its distributors (Nicolas Maincent)
UGGC Avocats (Paris)
Description of the impugned case This case involves an indirect RPM system applied in the context of selective distribution agreements. The companies Estée Lauder and Clinique imposed to their selected distributors, a minimum resale price of the products, through a complex system combining (...)

The Paris Court of appeal condemns resale price maintenance in the portable electrical tool sector (Bosch, Black & Decker, Castorama)
Hewlett Packard (Boulogne-Billancourt)
Description of the impugned case Further to a decision of the French Competition Council imposing fines for resale price maintenance to seven companies active in the production and the distribution of portable electrical tool (Bosch, Peugeot Outillage Electrique, Black & Decker, Metabo, (...)

The Hungarian Competition Authority grants individual exemption to an RPM agreement (Kontavill Kontakta)
Oppenheim
,
Oppenheim - Budapest
Description of the impugned case Kontavill, a Hungarian undertaking active in the market of electric instruments requested an individual exemption from the HCO for a clause contained in its agreements with wholesale distributors, which did not set the final resale price, but rather merely the (...)

The French supreme Court confirms the NCA decision having ruled that the publication of a catalogue including prices combined with recommendations pursuant to which retailers are only allowed to apply a lower price when there is a fierce competition amounts to resale price maintenance (ITM)
PPG Industries (Rueil-Malmaison)
Description of the impugned case ITM manages a supermarkets’ network, mostly with franchisees. ITM has published in France during 1990 and 1991 a few millions of catalogues called “L’argus de la distribution” including the prices of washing powders. It also results from the investigations that (...)

The Paris Court of appeal confirms fines for resale price maintenance in the electronic games sector (Virgin Loisirs)
Hewlett Packard (Boulogne-Billancourt)
Description of the impugned case Virgin Loisirs imposed minimum resale prices to its wholesalers on its products (electronic games), by circulating recommended prices and applying commercial retaliation measures (interruption of deliveries) if those distributors refused to apply its price (...)

The President of the Brussels Commercial Court rules that resale price maintenance is not illicit if the agreement predates the entry into effect of the Belgian Competition Act and was notified to the Competition Authority (Aniserco/Laroy-Duvo)
Johnson & Johnson (Brussels)
Description of the impugned case Aniserco exploits a chain of shops specialised in petfoods. Some shops are run by Anserico itself, while others are exploited by franchisees. Laroy-Duvo imports petfoods from the USA and in particular, it imports dog food of the brand Eukanuba and Iams. After (...)

The Paris Court of appeal considers that the use and implementation by franchisees of the franchisor’s contractual documents has an equal effect to a resale price maintenance practice (CEJIBE)
Terre Azur (Pomona Group)
Description of the impugned case In a franchising network, franchisor sent to each franchisee pre-printed and standardized documents including amount of rebates and fixe fees. The appeal Court has considered that diffusion of standards documents was a huge incitation to apply rebates and (...)

The US Northern District Court of California holds that a price restriction provision that fixed price at which a licensee could make first sale of copyrighted videogames software is not illegal resale price maintenance (LucasArts Entertainment / Humongous Entertainment)
United First Partners
In LucasArts Entertainment Co. v. Humongous Entertainment Co. the district court held that price restriction provisions included in a license agreement of copyrighted software were not per se illegal or otherwise anticompetitive because “[t]he right to license a patent or copyright (and to (...)

The Paris Court of Appeal confirms fines against the chairman of a company for having imposed a minimum resale price of a product (Herpin)
Terre Azur (Pomona Group)
Description of the impugned case Before the criminal court, an action was introduced in order to condemn the resale price maintenance imposed by a supplier to its clients. Indeed, the investigation showed that the supplier indicated in its general commercials conditions a minimum resale price (...)

The Hungarian Competition Authority finds RPM agreement to be anticompetitive (Borsodi Sörgyár)
Oppenheim
,
Oppenheim - Budapest
Description of the impugned case The beer distribution agreements by one of the largest beer producers in Hungary with its wholesalers contained a clause whereby the wholesalers were under the obligation to follow the retail price list set by the producer and undertook not to deviate from such (...)

The French Competition Authority fines three companies for prohibiting their distributors from deducting discounts from their resale price (Moulinex, Calor, Seb)
PPG Industries (Rueil-Malmaison)
Description of the impugned case In the present case, Moulinex, Calor and Seb had implemented the following commercial policy : discounts for trade cooperation are granted at the end of the year only i) if retailers have not infringed French prohibition on resale at a below-cost price and ii) (...)

A Luxembourg Commercial Court finds several clauses in a franchising agreement to be anticompetitive and null, but upholds the rest of the agreement (Univers du Cuir Belgique / Cuir Center Luxembourg)
Arendt & Medernach (Luxembourg)
,
NautaDutilh (Luxembourg)
The undertaking Univers du Cuir Belgique (“UCB”) has taken over the franchising agreement that Belgian Comfort Company (“BCC”) had as a franchisor with Cuir Center Luxembourg (“CCL”), franchisee. UCB noticed that CCL did not respect the non-compete obligations imposed on it by the agreement and (...)

The French Versailles Court of Appeal confirms fines, independently of anticompetitive practice, against the chairman of a company having imposed a minimum resale price of a product (Hinningen & Ste Fravillex)
Terre Azur (Pomona Group)
Description of the impugned case The investigation showed that the supplier imposed to some of its clients a minimum ratio on price and threatened of retaliations measures in a case of non respect of it. Moreover, a strict control was also insured directly by the supplier in order to check the (...)

The German Federal Court of Justice holds that the formerly applicable vertical price fixing prohibition generally applies when the granting of rebates is subject to the maintenance of certain prices that a producer has recommended to the dealers (Nora-Kunden-Rückvergütung)
Linklaters (Dusseldorf)
Description of the impugned case The BGH holds that in the event that a producer of automobile spare parts offers his dealers rebates under the condition that the dealers do not exceed the prices recommended by the producer in their contracts with certain customers, such price recommendation (...)

The US Supreme Court finds a genuine agency relationship between a manufacturer and its distributors focusing on the form of consignment contracts and the parties’ actual practices (General Electric)
United First Partners
Introduction Under the U.S. antitrust laws a manufacturer is free to set the prices at which it sells its own goods and is free to use intermediaries to facilitate the sales. When intermediaries come into the picture, however, one of the antitrust issues that may arise is whether, on the one (...)

The US Supreme Court issues an opinion allowing a supplier to establish a system of resale prices enforced by unilateral refusal to deal (Colgate)
United First Partners
In a brief and unanimous decision in United States v. Colgate & Co., the Supreme Court announced in 1919 that in the absence of any purpose to create or maintain a monopoly, the Sherman Act “does not restrict the long recognized right of trader or manufacturer engaged in an entirely private (...)

The French Competition authority fines a leading video game producer for imposing to its distributors implementation of recommended resale prices through reminders, surveillance and threats of stopping deliveries (Bandai)
PPG Industries (Rueil-Malmaison)
Description of the impugned case The present case deals with Bondai’s price maintenance system for its video game console and software (principally the Nintendo one) in France in 1989. Investigations have showed that Bondai has regularly addressed recommended prices to its distributors by (...)

Dominance

The German Federal Competition Authority imposes fine for resale price maintenance in the hearing aids sector (Phonak)
Van Bael & Bellis
According to a press release of 15 October 2009, the German Federal Competition Authority imposed a fine of €4.2 million on Phonak, a leading supplier of hearing aids in Germany. Phonak supplies hearing aids to specialised resellers, which resell such hearing aids to end-customers. The German (...)

The Spanish Competition Commission fines a beer producer for fixing minimum resale prices to its distributors (Damm Distribuciones)
Cuatrecasas, Gonçalves Pereira
,
Lonza
On 18 February 2009, the Spanish Competition Commission (Comisión Nacional de la Competencia, “CNC”) fined Damm Distribuciones (“Damm”) €525,000 for fixing minimum resale prices to its beer distributors . Background Damm is one of the top three beer producers in Spain, distributing its products (...)

The Turkish Competition Authority fines a film distributor for abusive leveraging in film distribution and exhibition markets (Warner Bros Turkey)
University of Sussex
This study focuses on the ruling of the Turkish Competition Authority (“TCA”) regarding a “leverage” of Warner Bros Turkey, who was found to have abused its dominant position it has on film distribution market, in order to gain anticompetitive advantages on film exhibition market by determining the (...)

The Paris Court of appeal upholds a decision of the NCA fining a manufacturer for exclusive distribution agreements and RPM but annuls the part of the decision regarding rebates (Royal Canin)
MAPP (Paris)
Background In a decision dated June 22, 2005, the French Competition Authority (“FCA”) imposed a fine of € 2,500,000 on Royal Canin, a manufacturer of pet food, and fines ranging from € 1,000 to € 1,500,000 on several of its wholesalers and retailers. The FCA held that (i) Royal Canin and its (...)

The French Competition Authority sanctions major oil companies for having entered into agreements on the market of fuel distribution on motorways (Total Fina Elf France)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Fuel distribution on motorways : the Conseil de la concurrence hands down sanctions against the major oil companies.* In a decision dated 31st March, 2003, following a referral by the Minister of Economy, the (...)

Mergers

The Danish Competition Council approves commitments concerning an envisaged reorganization on the grocery market (Dagrofa / SuperBest and Spar)
Danish Competition and Consumer Authority (Copenhagen)
The Danish Competition Council Accepts Commitments from Dagrofa ApS* On October 23 2013 the Danish Competition Council (“DCC”) adopted a commitment decision that approves an envisaged reorganization of Dagrofa ApS (“Dagrofa”) and the supermarket chains SuperBest and Spar. Dagrofa is the parent (...)

The Canadian Competition Bureau completes two lengthy merger investigations in the grocery sector where the regulation of pricing conduct with regard to the relation retailer - supplier was a central issue
Davies Ward Phillips & Vineberg (Toronto)
Face-off in the Grocery Aisle: Retailers and Suppliers Go Head-to-Head in Canada* I. INTRODUCTION Perhaps more than ever, tensions between suppliers and retailers have become the defining feature of the grocery industry worldwide. These tensions have also frequently formed the basis for (...)

The Turkish Competition Authority clears a merger in the cereals market subject to revision of a provision aiming at resale price maintenance (Kellogg-Yildiz)
Esin
The operation Kellogg is a company of Kellogg Group. Kellogg Group is a global leader in the production of cereals. At the time of the subject matter notification, Kellogg was active in Turkey through exports. Yildiz is a holding company which is active in the production, distribution and (...)

Procedures

The Austrian Federal Competition Authority launches public consultation on draft guidelines regarding vertical price fixing
European Commission (Brussels)
Austria: The Federal Competition Authority (FCA) launches Public Consultation on Draft Guidelines regarding Vertical Price Fixing* In the course of recent enforcement activities by the FCA, it has appeared that vertical price fixing practices combined with horizontal coordination are (...)

The Serbian Competition Authority releases its 2011 annual report
University of Technology (Tallinn)
In April 2012 the Serbian Competition Authority (KZK) released its 2011 Annual Report, where it summarized its competition enforcement and related activities carried out in 2011. The principal feature of the KZK’s activity in 2011 was the application of the 2009 Competition Act, which replaced (...)

The Romanian Competition Authority releases its 2009 annual report
University of Technology (Tallinn)
On 22 April 2010 the Romanian Competition Authority (CC) has released its 2009 annual report. Present note shall focus exclusively on competition enforcement activities carried out by the CC in 2009 without addressing its activity related to the state aids control, competition advocacy, (...)

The Polish Competition Authority introduces new fining guidelines
Van Bael & Bellis (Brussels)
On 1 January 2009, Poland applied new fining guidelines to competition law infringements. The new guidelines aim at increasing transparency in the way in which antitrust sanctions are set by the Polish Office of Competition and Consumer Protection (the “OCCP”). The guidelines introduce specific (...)

The Swiss Competition Commission adopts a new communication on vertical agreements
Lenz & Staehelin (Geneva)
I. Introduction 1. On July 2nd, 2007, the Swiss Competition Commission (the “ComCo”) adopted a revised communication on the assessment of vertical agreements (the “Revised Communication on Vertical Agreements” or “Revised Communication”), which replaces the previous communication of February 18th, (...)

Regulations

The Scottish Court of Session finds the lack of proper ground for allowing the challenge of minimum pricing measures (Scotch Whisky Association)
University of Cambridge
Price-fixing by the State: a minimum unit price for alcohol* For a number of years concerns have been expressed over excessive levels of alcohol consumption and the effect this has on both public health and public order. There is a clear relationship between the price of alcohol and the amount (...)

The French Competition Authority issues an opinion on the possible implementation of a single price system for digital books
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Digital books: the Autorité de la concurrence believes that observing this market, still in its infancy, is a necessary prerequisite.* The Minister for Culture and Communication has sought an opinion from the (...)

The French Competition Authority issues an opinion on the fuel prices in the French overseas departments
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Fuel prices in the overseas départments (DOM): The Autorité de la concurrence has ascertained deviations from the current regulation : it recommends strengthening the price regulations applicable to monopolies (...)

The Swiss Parliament is discussing a bill destined to reintroduce fixed book prices, once sanctioned by Swiss competition authorities for violating competition law
SWITCH
Historical Background On May 27, 2009, the National Council, one of the two chambers of the Swiss Parliament, voted in favour of the creation of a special act regulating the price of books (the Federal Act on Book Price Regulation, hereinafter the “Bill”). Although the second chamber, the States (...)

The French Competition Authority issues an opinion on the operating conditions of the fair trade sector in France
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Fair trade: The Conseil de la Concurrence considers that fair trade does not necessarily contravene competition rules, but makes several recommendations in orders to organize product certification systems.* (...)

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