The COMESA Competition Commission’s second investigation into restrictive vertical distribution ends with a beverage company avoiding a fine after agreeing to eliminate price maintenance clauses (Coca-Cola)

COMESA’S SECOND RESTRICTIVE TRADE PRACTICES INVESTIGATION ENDS INCONCLUSIVELY* Having now concluded two non-merger cases (the first was an exclusivity issue in football broadcasting and sponsorship agreements, see here), the COMESA Competition Commission’s (“CCC”) second investigation into restrictive vertical distribution practices engaged in by Coca-Cola and its distributors has culminated in somewhat of an indeterminate ending. No fines were imposed, and the Coca-Cola parties agreed to eliminate the price-maintenance clause from their distribution contracts, as well as committing to implementing a generic compliance programme. Says Andreas Stargard, a competition practitioner with Primerio Ltd., in an in-depth analysis of the short Decision (dated 6th December 2018, but only

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Andreas Stargard, The COMESA Competition Commission’s second investigation into restrictive vertical distribution ends with a beverage company avoiding a fine after agreeing to eliminate price maintenance clauses (Coca-Cola), 6 December 2018, e-Competitions Bulletin Commitment Decisions, Art. N° 89787

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