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)

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 company and its distributors. The Competition Council applied both Article 81 of the EC Treaty and its Hungarian equivalent in Act n° LVII of 1996 on unfair market practices and the restriction of competition (Competition Act). Büki Ásványvíz is a beverages wholesaler. Its activity is mainly focused on the production and sale of energy drinks and bottled mineral water to distributors, such as hotels, restaurants, pubs, petrol stations and similar retailers (HoReCa sector). The GVH investigation dealt with

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Authors

  • Morley Allen & Overy Iroda (Budapest)
  • MVM OVIT (Budapest)

Quotation

Attila Komives, Daniel Szentkuti, 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), 14 May 2008, e-Competitions Bulletin Burden of proof, Art. N° 21536

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