The Polish Competition Authority denies an individual exemption in the case of a RPM agreement concluded on the market for automotive lubricants (Orlen Oil)

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 PCA decision of 31 December 2012 in case no. DOK 9/2012). The matter merits some attention, what with interesting argumentation raised in defence of the challenged clause related to a launch of a new product. PCA approach Unsurprisingly, PCA said that RPM is among the gravest competition infringements and is prohibited by its object. According to the Polish watchdog, that conclusion of itself does not, however, preclude an RPM agreement to be ultimately found compliant in specific circumstances.

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Aleksander Stawicki, The Polish Competition Authority denies an individual exemption in the case of a RPM agreement concluded on the market for automotive lubricants (Orlen Oil), 31 December 2012, e-Competitions Bulletin December 2012, Art. N° 53918

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