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 Poland)

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 agreements with its distributors. Surprisingly, the OCCP decided not to impose fines but to use a commitment decision in order to restore competition. Proceedings In 2010, in the course of explanatory proceedings, the Company’s distribution agreements were subject to the OCCP’s scrutiny. Some of them contained clauses which on first glance were qualified by the Office as resale price maintenance clauses. Immediately after Scotts received information about a launch of the explanatory

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Authors

  • Greenberg Traurig Grzesiak (Warsaw)
  • Hogan Lovells (Warsaw)

Quotation

Robert Gago, Radoslaw Pawluk, 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 Poland), 26 April 2011, e-Competitions Bulletin Commitment Decisions, Art. N° 37001

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