In its judgment of 17 October 2017 [1], the Federal Court of Justice (Bundesgerichtshof - “BGH” or the “Court”) quashed a decision taken by the Celle Higher Regional Court (Oberlandesgericht Celle – “OLG Celle”) in April 2016 which had ruled that minimum resale pricing did not result in an appreciable restriction of competition given its limited timeframe and scope. The BGH pointed to the case-law of the European Court of Justice (“EJC”) according to which the setting of minimum resale prices constitutes a restriction of competition ‘by object’ that is appreciable regardless of its effects and clarified that these principles have to be complied with when applying Sec. 1 GWB, the German equivalent of Article 101 (1) TFEU. Therefore, minimum resale price schemes can, if at all, only comply with EU
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The German Federal Court of Justice quashes a decision which had ruled that minimum resale pricing did not result in an appreciable restriction of competition given its limited timeframe and scope (Almased Wellness)
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