EU Resale Price Maintenance

Anticompetitive practices

The Czech Competition Authority fines a national sports equipment distributor for dictating prices to sellers (Abistore)
Czech Competition Authority (Brno)
The fine imposed on abistore confirmed, the distributor of sports equipment dictated prices to sellers* The Chairman of the Office for the Protection of Competition Petr Mlsna confirmed the imposition of the fine of CZK 1,851,000 on the undertaking ABISTORE SPORT, s. r. o. (hereafter referred (...)

The Czech Competition Authority confirms the fines imposed on an electronic cigarettes distributor for engaging in prohibited anticompetitive agreements (Ritchy)
Czech Competition Authority (Brno)
The chairman of the office confirmed that Ritchy EU concluded prohibited anticompetitive agreements* Petr Mlsna, the Chairman of the Office for the Protection of Competition, entirely dismissed the appeal filed by RITCHY EU s. r. o., and upheld the first-instance decision of the Office which (...)

The Danish Competition Authority fines a German dog accessories company for resale price maintenance (Cloud7)
Danish Competition and Consumer Authority (Copenhagen)
Denmark: Fine of DKK 225,000 to the German undertaking Cloud7* On January 4, 2021, the German undertaking Cloud7 GmbH accepted to pay a fine of DKK 225,000 (€ 30,243) for resale price maintenance. Cloud7 demanded that a Danish dealer followed the recommended retail prices when selling dog (...)

The Swedish Competition Authority adopts a stricter position toward resale price maintenance concerning online sales (Markslöjd)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 16 December 2020, Markslöjd AB, a supplier of lighting products, accepted to pay a fine of SEK 1,780,000 for resale price maintenance. The Swedish Competition Authority (“SCA”) found that Markslöjd AB had violated competition law by entering into agreements with one of its resellers to fix (...)

The French Competition Authority fines high-end tea producer for restricting its retailers’ ability to set online prices (Dammann Frères)
Van Bael & Bellis (Brussels)
In a decision published on 3 December 2020, the French Competition Authority (“FCA”) fined tea producer Dammann Frères (“Dammann”) € 226,000 for violating Article 101 TFEU and its French law equivalent by restricting the ability of its retailers to set online prices. The FCA found that Dammann (...)

The French Competition Authority fines national tea producer for imposing sales prices on the retailers selling its products online (Dammann Frères)
French Competition Authority (Paris)
The Autorité de la concurrence hands out a fine to Dammann Frères tea for imposing sales prices on the retailers selling its products online* Background Following an investigation report from the Directorate General for Competition Policy, Consumer Affairs and Fraud Control (DGCCRF), the (...)

The Polish Competition Authority fines a music manufacturer for setting minimum online resale prices (Yamaha Music Europe)
Van Bael & Bellis (Brussels)
According to a press release of 5 November 2020, the Polish Office of Competition and Consumer Protection (the “UOKIK”) imposed a fine of PLN 511,806.92 (approximately € 114,000) on musical equipment manufacturer Yamaha for setting minimum prices at which its products could be sold by distributors (...)

The Hellenic Competition Authority releases a statement of objections in the gas appliances sector against a company for alleged abuse of dominant position as well as agreements concluded with its wholesalers and distributors (DIMKA / STAMATOULIS)
Hellenic Competition Authority (Athens)
Subject: Statement of Objections in relation to alleged infringements of Articles 1 and 2 of Law 3959/2011 and Articles 101 and 102 TFEU in the Greek market for general purpose gas appliances by DIMKA SA, following a complaint by STAMATOULIS SA as well as an ex officio investigation of the (...)

The Spanish Competition Authority opens investigation into possible price fixing of sunscreen products (ISDIN)
Spanish Competition Authority (Madrid)
The CNMC opens a formal investigation into possible anticompetitive practices of ISDIN, S.A* The potential illegal conduct allegedly consists of fixing resale prices online, at least for sunscreen products. Currently, the CNMC assesses potential competition restrictions imposed by producers (...)

The EU Commission publishes an inception impact assessment for a potential revision of the vertical block exemption regulation
White & Case (Brussels)
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Latham & Watkins (Brussels)
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Latham & Watkins (Brussels)
New EU Antitrust Rules for Distribution – European Commission’s Inception Impact Assessment* On 23 October 2020, the European Commission (EC) published its inception impact assessment of policy options for a potential revision of the EU Vertical Block Exemption Regulation (VBER) and accompanying (...)

The Austrian Cartel Court finds a musical instruments maker to have engaged in resale price maintenance (Roland Germany)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
According to a press release issued by the Austrian Federal Competition Authority (“FCA”), the Austrian Cartel Court ruled on 24 September 2020 that musical instruments maker Roland Germany GmbH (“Roland Germany”) had violated the competition rules by entering into agreements fixing minimum resale (...)

The Bulgarian Competition Authority addresses allegations for participation in an agreement for fixing the resale price of child care and mother care products (Smart SM)
Bulgarian Commission for the Protection of Competition (Sofia)
CPC has addressed allegations for committed infringement of Art. 15, par. 1 of the LPC to Smart SM OOD* By Statement No. 732/17.09.2020 delivered under case No. КЗК-359/2018 on the grounds of art. 74, par. 1, item 3 of the LPC, the CPC has addressed allegations for committed infringement of Art. (...)

The Austrian Cartel Court finds musical instrument manufacturer guilty of price fixing (Roland Germany)
Austrian Competition Authority (Vienna)
Cartel Court finds Roland Germany GmbH guilty of price fixing* The company cooperated with the AFCA within the leniency programme On 24 September 2020 the Cartel Court, acting on the Austrian Federal Competition Authority’s (AFCA) application of 2 June 2020, found Roland Germany GmbH to have (...)

The Spanish Competition Authority initiates disciplinary proceedings against a global oil company for possibly violating its obligation not to indirectly set the recommended retail price for independent station owners operating under its flag (Repsol)
Spanish Competition Authority (Madrid)
The CNMC initiates disciplinary proceedings against Repsol for a possible violation of the provisions in the resolutions of 30 July 2009 and 20 December 2013* The CNMC has initiated disciplinary proceedings against REPSOL Comercial de Productos Petrolifos, S.A. (Repsol) for a possible breach (...)

The Danish Competition Authority fines a design company for dictating prices (GUBI)
Danish Competition and Consumer Authority (Copenhagen)
Design company pays fine of DKK 6 million for dictating prices* GUBI A/S, a Danish design company within furniture and lighting, has entered into a settlement and accepted to pay a fine of DKK 6 million for infringing the Danish Competition Act. The company contacted the authorities on the (...)

The EU Commission publishes its staff working document on the vertical block exemption regulation
Zepos & Yannopoulos (Athens)
On 8 September 2020, the European Commission (“Commission”) published its Staff Working Document (“SWD”) in the context of the ongoing evaluation of Regulation (EU) No 330/2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union (“TFEU”) to categories of (...)

The EU Commission publishes findings of the evaluation of the vertical block exemption regulation
Bird & Bird (Paris)
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Bird & Bird (Paris)
It is well known that a total ban of online sales constitutes a hardcore restriction of passive sales and is qualified as a restriction of competition by object. This was clearly stated by the EU Commission in its 2010 guidelines and confirmed by the European Court of Justice (ECJ) in the (...)

The EU Commission publishes a staff working document of the vertical block exemption regulation and does not plan to relax the resale price maintenance rule for franchises
Bird & Bird (London)
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Bird & Bird (London)
In the last few years, franchising has become an increasingly popular distribution structure across the EU. A franchise is a vertical agreement, and therefore should not contain any of the hard-core restrictions set out in the VBER in order to benefit from the block exemption. Nonetheless, it (...)

The Czech Competition Authority fines a garden equipment supplier for resale price maintenance (V-Garden)
Van Bael & Bellis (Brussels)
According to a press release issued by the Czech Competition Authority (the “Authority”) on 3 September 2020, the Authority has imposed a fine of CZK 7,687,000 on garden equipment supplier V-GARDEN for engaging in resale price maintenance. The Authority reported that, during the period from (...)

The UK Competition Authority consults on amending guidance on applications for leniency and no-action in cartel cases
Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (London)
The CMA’s Guidance on applications for leniency and no-action in cartel cases provides detailed guidance on the principles and process for leniency applications. On 30 July 2020, the CMA invited comments on a proposed addendum to clarify the way the CMA will exercise its discretion in relation (...)

The Latvian and Lithuanian Competition Authorities terminate common investigation into alleged prohibited agreement among 7 companies active in construction & household products (Tikkurila companies / Kesko Senukai Lithuania / Kesko Senukai Digital / Ermitažas / DAW Lietuva / Topcolor)
Konkurences padome (Riga)
Latvian and Lithuanian competition authorities join forces for investigation of cross-border infringements* Taking into consideration the complexity of cross-border infringements of the competition law, competition authorities join their forces for efficient investigation. For example, (...)

The French Competition Authority issues a fine of €1.1 billion on a big tech company and €139 million on two of its wholesalers for having implemented vertical agreements with some of its distributors and for abuse of economic dependency against its independent premium resellers (Apple / Tech Data / Ingram Micro)
Ashurst (Paris)
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University of Paris I Panthéon-Sorbonne (Paris)
On 16 March 2020, the French Competition Authority ("FCA") announced that it had fined Apple EUR1.1 billion, the highest fine ever imposed to an undertaking, for having implemented vertical agreements with certain of its distributors and an abuse of economic dependency against its independent (...)

The French Competition Authority fines a big tech company and its wholesalers for engaging in anticompetitive agreements within its distribution network and abuse of a situation of economic dependency with regard to its premium independent distributors (Apple / Tech Data / Ingram Micro)
French Competition Authority (Paris)
Fines handed down to Apple, Tech Data and Ingram Micro* The Autorité de la concurrence hands out fines totalling €1,1 billion to Apple for engaging in anticompetitive agreements within its distribution network and abuse of a situation of economic dependency with regard to its “premium” (...)

The French Competition Authority fines a big tech and its wholesalers a record €1.24 billion for engaging in restriction of resale opportunities, coordinating on prices and imposing unfair terms on its retailers (Apple / Tech Data / Ingram Micro)
Van Bael & Bellis (Brussels)
According to a press release of 16 March 2020, the French Competition Authority (the “FCA”) imposed a record-breaking fine of € 1.1 billion on Apple for anticompetitive practices in the distribution of Apple products (excluding iPhones). These practices included: (i) restricting resale (...)

The French Competition Authority fines a big tech company a record €1 billion and its wholesalers €139 million for a series of vertical restrictions within the distribution network and abuse of economic dependence (Apple / Tech Data / Ingram Micro)
AD LEGAL (Paris)
In a decision of March 16, 2020, the French Competition Authority (Autorité de la concurrence, hereinafter “FCA”) imposed a €1,1 billion fine on the Apple group (“Apple”) for (i) engaging in a series of vertical restrictions of competition within its distribution network and (ii) abusing the economic (...)

The French Competition Authority fines a big tech and its wholesalers a record €1.24 billion for engaging in three anticompetitive practices with its distributors in the retail market of its products (Apple / Tech Data / Ingram Micro)
Bird & Bird (Paris)
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Bird & Bird (Paris)
On 16 March 2020, the French Competition Authority (FCA) imposed a €1.1 billion fine on Apple, the highest fine ever handed out to a company. The FCA considered that Apple had engaged in three anticompetitive practices with its distributors in the retail market for Apple products (excluding (...)

The Polish Competition Authority imposes a €325,000 fine on an office equipment maker for engaging in online retail price maintenance (Brother)
Van Bael & Bellis (Brussels)
On 11 February 2020, the Polish Office of Competition and Consumer Protection (the “UOKIK”) imposed a fine of PLN 1.4 million (approximately € 325,000) on office equipment maker Brother for online retail price maintenance (“RPM”). The UOKIK’s decision explains that, between the years 2010 and 2017, (...)

The Polish Competition Authority imposes a fine on a manufacturer of office equipment who set minimum online sale prices for its printers (Brother)
Bird & Bird (Warsaw)
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Bird & Bird (Warsaw)
In February 2020, the Polish Competition Authority (“UOKiK”) announced that in December 2019 it imposed a PLN 1.4 million fine on Brother Central & Eastern Europe (“Brother”), a manufacturer of office equipment, which set minimum online sale prices for printers. Between 2010 and 2017, Brother (...)

The Spanish Competition Authority ends an infringement proceeding by adopting a commitment decision following a sports brand’s alleged anti-competitive conduct (Adidas / LDC)
CMS Albiñana y Suárez de Lezo (Madrid)
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CMS Albiñana y Suárez de Lezo (Madrid)
Background On 6 February 2020, the Spanish Competition Authority (Comisión Nacional de los Mercados y la Competencia, hereinafter the “CNMC”) adopted a commitment decision to end the infringement proceedings (S/DC/0631/18) initiated in November 2018 against Adidas, S.A.U. (“Adidas”) for alleged (...)

The UK Competition Authority fines guitar maker a record-breaking £4.5M for engaging into online retail price maintenance (Fender)
Van Bael & Bellis (Brussels)
On 22 January 2020, the UK’s Competition and Markets Authority (the “CMA”) fined guitar maker Fender Musical Instruments Europe Limited and its US parent company, Fender Musical Instruments Corporation, (“Fender”) £ 4.5 million (approximately € 5.4 million) for infringing Article 101 Treaty on the (...)

The UK Competition Authority conducts an inspection and fines £4.5 million a company for engaging in resale price maintenance in the music sector (Fender Europe)
Bird & Bird (London)
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Bird & Bird (London)
After conducting a full investigation in April 2018, the CMA on 22 January 2020, fined Fender Musical Instruments Europe Limited (Fender Europe), an international seller of guitar instruments, £4,521,185 (the largest fine imposed in the UK for resale price maintenance) for its infringement of (...)

The Danish High Court finds distributor of hair products guilty of illegal resale price maintenance (Icon Hairspa)
Bird & Bird (Copenhagen)
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Bird & Bird (Copenhagen)
On 10 December 2019, the Danish High Court found that the Danish company, Icon Hairspa A/S, was guilty of illegal resale price maintenance by dictating the minimum resale price of certain hair products for their retailers. From 2016 to 2017, Icon Hairspa required that all retailers ought to (...)

The UK Competition Authority imposes a record-breaking £3.7 million fine on a piano supplier for online resale price maintenance (Casio)
Van Bael & Bellis (Brussels)
According to a press release issued on 1 August 2019, the Competition and Markets Authority (“CMA”) imposed a fine of £ 3.7 million (approximately € 4.1 million) on piano supplier Casio Electronics (“Casio”) for online resale price maintenance (RPM). Between the years 2013 and 2018, Casio reportedly (...)

The Portuguese Competition Authority fines a brewing company for engaging in resale price maintenance practices in hotels, restaurants and cafés (Super Bock)
Portuguese Competition Authority (Lisbon)
AdC sanctioned Super Bock for fixing minimum resale prices in hotels, restaurants and cafes* The AdC (Autoridade da Concorrência) sanctioned Super Bock Bebidas S.A., one board member and one director of the company to fines of €24 million for fixing minimum resale prices and other commercial (...)

The German Federal Court of Justice annuls a judgment of the Higher Regional Court of Düsseldorf imposing a fine on a drugstore for engaging in resale price maintenance (Rossmann)
Van Bael & Bellis (Brussels)
On 9 July 2019, the German Federal Court of Justice (“FCJ”) annulled a judgment of the Higher Regional Court of Düsseldorf (the “Court”) which had increased a fine imposed on drugstore Rossmann for engaging in resale price maintenance (“RPM”) from € 5.25 million to € 30 million. In December 2015, the (...)

The Hungarian Competition Authority fines a retailer for fixing the online retail prices of its products (Husqvarna Magyarország)
Hungarian Competition Authority (Budapest)
The GVH imposes a fine of HUF 100 million on Husqvarna Magyarország Kft. for fixing the online retail prices of its products* The Gazdasági Versenyhivatal (the Hungarian Competition Authority, GVH) imposed a fine of HUF 111 million (approx. EUR 330 thousand) on Husqvarna Magyarország Kft. because (...)

The Danish district court of Næstved fines a hair-product wholesaler for resale price maintenance (Icon Hairspa)
Van Bael & Bellis (Brussels)
On 15 February 2019, the Danish court of Næstved imposed a fine of DK 1,000,000 (approximately € 135,000) on hair-product wholesaler Icon Hairspa for imposing minimum retail prices for Kevin Murphy-branded products on its dealers. An Icon Hairspa manager was also fined DK 100,000 for (...)

The German Competition Authority fines a bicycle wholesaler for vertical price-fixing (ZEG)
German Competition Authority (Bonn)
Fine imposed on bicycle wholesaler ZEG for vertical price-fixing* The Bundeskartellamt has imposed fines totalling around 13.4 million euros on the bicycle wholesaler ZEG Zweirad-Einkaufs-Genossenschaft eG (ZEG), Cologne, and its representatives for fixing prices with 47 bicycle retailers. The (...)

The Belgian Competition Authority adopts a settlement decision in a case concerning a practice of resale price maintenance (HM Products Benelux)
Belgian Competition Authority (Brussels)
The Investigation and Prosecution Service of the BCA adopts a settlement decision for imposing maximum discount levels on a network of dealers and imposes a fine amounting to 98.000 EUR* The Investigation and Prosecution Service of the Belgian Competition Authority (BCA) sanctions the company (...)

The French Competition Authority fines several producers and wholesale distributors of liquid fertilizers for resale price maintenance (Canna France / GHE / Bertels / Biobizz / Hydro Factory / Hydro Logistique / CIS)
French Competition Authority (Paris)
The Autorité hands down fines for anticompetitive practices to several producers and wholesale distributors of liquid fertilisers.* Why are vertical pricing agreements forbidden in competition law? Competition law generally forbids horizontal (between competitors) and vertical agreements (...)

The Spanish Competition Authority examines possible price fixing and other vertical restrictions in the animal health products market (Medicamentos Veterinarios)
CMS Albiñana y Suárez de Lezo (Madrid)
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CMS Albiñana y Suárez de Lezo (Madrid)
Background On 16 September 2014, the National Association for Animal Health (“ASEMAZ-ASA”) filed a complaint before the Spanish Competition Authority (“CNMC”) against several companies active in the animal health products market (“the Companies”) for alleged anti-competitive practices in breach of (...)

The Hellenic Competition Authority fines a retailer of margarine and butter products for resale price maintenance (Minerva)
Hellenic Competition Authority (Athens)
Decision of the Hellenic Competition Commission (HCC) on ex officio investigation of the Directorate General of Competition for violations of Articles 1 and 2 of Law 703 / 1977-3959 / 2011 and Articles 101 and 102 TFEU by the company "MINERVA SA EDIBLE OILS ENTERPRISES" (MINERVA), regarding (...)

The Portuguese Competition Authority sends a statement of objections to an undertaking over possible resale price maintenance of its products in hotels, restaurants and cafés (Super Bock)
Portuguese Competition Authority (Lisbon)
AdC issues Statement of Objections to Super Bock for fixing minimum resale prices of beverages in hotels, restaurants and cafes* The Portuguese Competition Authority (Autoridade da Concorrência – AdC) issued a Statement of Objections to Super Bock Bebidas S.A. for suspicion of behavior (...)

The EU Commission fines four consumer electronics groups for restricting their online retailers’ ability to set their own retail prices for widely-used electronics products (Asus / Denon & Marantz / Philips / Pioneer)
White & Case (London)
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White & Case (Brussels)
The Commission Decisions In February 2017, the Commission initiated proceedings against Asus, Denon & Marantz, Philips and Pioneer following information obtained during the e-commerce sector inquiry. The Commission’s report had identified resale price maintenance as an area of concern, and (...)

The EU Commission fines manufacturers of electronic goods for resale price maintenance (Asus / Denon / Philips / Pioneer)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
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Norton Rose Fulbright (Brussels)
Vertical restrictions, including resale price maintenance (RPM), have not generally been an EC enforcement priority over the last 10 years, but a series of rulings in July 2018 signalled a potential change in that trend. Although the EC considers RPM to be a “hardcore restriction” of (...)

The EU Commission fines four electronic manufacturers for fixing minimum resale prices for online retailers (Asus / Denon / Philips / Pioneer)
K&L Gates (Houston)
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K&L Gates (Sidney)
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K&L Gates (Boston)
This article has been nominated for the 2019 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 24 July 2018, in four separate decisions, the European Commission (“Commission”) levied fines totalling EUR 111 million on four well-known manufacturers of (...)

The EU Commission fines consumer electronics manufacturers €111 Million for online pricing restrictions (Asus / Denon / Marantz / Philips / Pioneer)
Euclid Law (London)
European Commission Fines Consumer Electronics Manufacturers €111 Million for Online Pricing Restrictions* On 24 July 2018, the European Commission announced that it had fined four consumer electronics manufacturers – Asus, Denon & Marantz, Philips and Pioneer – a total of €111 million (...)

The EU Commission fines four consumer electronics manufacturers for fixing online resale prices (Asus / Denon & Marantz / Philips / Pioneer)
DG COMP (Brussels)
Antitrust: Commission fines four consumer electronics manufacturers for fixing online resale prices* The European Commission today fined, in four separate decisions, consumer electronics manufacturers Asus, Denon & Marantz, Philips and Pioneer for imposing fixed or minimum resale prices on (...)

The EU Commission fines consumer electronics manufacturers for imposing fixed or minimum resale prices on their online retailers (Asus / Denon & Marantz / Philips / Pioneer)
Dechert (Brussels)
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Dechert (Washington)
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Dechert (Brussels)
Recent EU Fines for Resale Price Maintenance Are Symptoms of Broader Challenges Faced by Today’s Consumer-Goods Manufacturers The European Commission (the “Commission”) issued four separate decisions on 24 July 2018, fining consumer electronics manufacturers Asus, Denon & Marantz, Philips and (...)

The Warsaw Court of Appeal confirms that resale price maintenance in franchise agreements violates competition law (Sfinks Polska)
Cleary Gottlieb Steen & Hamilton (Brussels)
In its judgement of 10 January 2018, the Court of Appeal in Warsaw upheld the decision of the President of the Polish Competition Authority (Prezes Urzędu Ochrony Konkurencji i Konsumentów, UOKiK) of 25 June 2013 in which Sfinks Polska S.A. (Sfinks) was found to infringe Art. 6(1) of the Polish (...)

The Lithuanian Competition Council imposes fines on Italian-based supplier of bone regeneration products and its corresponding Lithuanian distributor for engaging in resale price maintenance (Tecnoss Dental / UAB Implamedica)
Lithuanian Competition Authority (Vilnius)
Competition Council fines supplier and Distributor of Bone Regeneration Products for Resale Price Maintenance* The Competition Council found the Italian-based supplier Tecnoss Dental and its Lithuanian distributor UAB Implamedica engaged in fixing minimum resale prices of bone regeneration (...)

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)
Commeo (Frankfurt)
In its judgment of 17 October 2017, 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 (...)

The German Federal Cartel Office publishes a guidance paper on the prohibition of resale price maintenance with focus on the food and retail sector
McDermott Will & Emery (Dusseldorf)
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McDermott Will & Emery (Paris)
GERMAN ANTITRUST AUTHORITY ISSUES GUIDELINES ON RESALE PRICE MAINTENANCE* On 12 July 2017, the German Federal Cartel Office (FCO) published a guidance paper (Guidance Paper) on the prohibition of resale price maintenance (RPM). The Guidance Paper has a particular focus on the food retail (...)

The UK Competition Authority fines a lighting supplier for price resale maintenance (National Lighting Company)
United Kingdom’s Competition Authority - CMA (London)
Lighting company fined £2.7 million for restricting online prices* A lighting supplier has been fined for requiring retailers to use a minimum price when selling their products online. The National Lighting Company (NLC) supplies light fittings to a range of retailers who then sell them on. (...)

The Polish Supreme Court provides guidance on setting fines for resale price maintenance and recognizes the privilege against self-incrimination in the national competition law (Polifarb Cieszyn – Wrocław)
Office of Competition and Consumer Protection (Warsaw)
Introductory remarks In its decision of 18 September 2006, the President of the Office of Competition and Consumer Protection (hereinafter referred to as the ’President of UOKiK’) imposed fines on Polifarb Cieszyn - Wrocław S.A. (hereinafter referred to as ’PCW’) Praktiker Polska, OBI, Castorama, (...)

The Croatian Competition Authority accepts remedies proposed by companies operating in the marine engines market (Duing / Fred Bobek)
Croatian Competition Agency (Zagreb)
Accepted Commitments by Duing and Fred Bobek* The Croatian Competition Agency (CCA) closed two proceedings for the establishment of prohibited agreements by accepting commitments proposed by the parties concerned – Duing d.o.o. from Viškovo and Fred Bobek d.o.o. from Vodice active in the sales (...)

The EU Commission issues a final report on its e-commerce sector inquiry and updates its digital single market plans
Norton Rose Fulbright (Brussels)
EU issues final report on its e-commerce sector inquiry and updates its digital single market plan* On May 10, 2017, the European Commission published the final report on its sector inquiry on competition in the e-commerce sector (the E-Commerce Report) and a mid-term review of its digital (...)

The EU Commission publishes its final e-commerce sector inquiry report
Van Bael & Bellis (Brussels)
On 10 May 2017, the European Commission (“Commission”) published its final Report on the e-commerce sector inquiry (“the Report”), aimed at identifying business practices in the sector that might restrict competition and limit consumer choice. The Report consists of two documents: (i) a 16-page (...)

The Croatian Competition Authority fines an undertaking for resale price maintenance in the white goods and small household appliances market (Gorenje)
Croatian Competition Agency (Zagreb)
Gorenje Zagreb fined more than HRK 1.5 mil for resale price maintenance* The Croatian Competition Agency (CCA) imposed a fine on the undertaking Gorenje Zagreb amounting to HRK 1.557,000. The CCA found within the proceeding that Gorenje Zagreb entered into a prohibited agreement containing (...)

The German Competition Authority issues a a draft guidance note on vertical price fixing in the brick-and-mortar food retail sector
German Competition Authority (Bonn)
Publication of guidance note on the prohibition of vertical price fixing in the food retail sector - public consultation* oday the Bundeskartellamt published a draft guidance note on vertical price fixing in the brick-and-mortar food retail sector. Interested parties are invited to submit (...)

The Polish Competition Authority fines undertakings for setting minimum resale prices on ski equipment and accessories (Fordex / Intersport)
Office of Competition and Consumer Protection (Warsaw)
I. The Decision In its decision no DOK-1/2016 of 23rd December 2016, the Office of Competition and Consumer Protection (hereinafter the “Polish Competition Authority”) imposed a fine on Fordex and Intersport for violating Article 6 (the equivalent of Article 101(1) of the Treaty) of the Act on (...)

The Polish Competition Authority fines gas boilers and water heaters producer for vertical price fixing (Termet)
WKB Wierciński Kwieciński Baehr (Warsaw)
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WKB Wierciński Kwieciński Baehr (Warsaw)
In its decision of 19 December 2016, the Polish Competition Authority (Prezes Urzędu Ochrony Konkurencji i Konsumentów, hereinafter referred to as the “OCCP President” or the “PCA”) fined Termet S.A. the amount of PLN 212,919.00 (approximately EUR 49,000.00) for imposing fixed resale prices (Resale (...)

The Spanish Competition Authority declares exempt retail price maintenance practices by a cosmetics laboratory on the basis of the de minimis theory (Laboratorio Martí Tor)
CMS Albiñana y Suárez de Lezo (Madrid)
The Spanish Competition Authority (“SCA”) has considered in a decision dated 15 December 2016 that certain retail price maintenance (“RPM”) practices carried out by cosmetic laboratory Martí Tor was not capable of significantly affecting competition, and thereby, of infringing Article 1 of the (...)

The EU Commission publishes the initial findings of its e-commerce sector inquiry
White & Case (Brussels)
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Hogan Lovells (Brussels)
European Commission’s e-commerce sector inquiry - increasing anti-trust heat* Online sales are not only attracting the attention of consumers and tech businesses, but also increased review by antitrust regulators. On 15 September 2016, the European Commission published a detailed 290 page (...)

The EU Commission publishes initial findings of e-commerce sector inquiry report
Bydgoszcz University of Technology and Life Sciences (UOKIK)
On 15 September 2016, the European Commission published a preliminary report on its initial findings in the e-commerce sector inquiry, aimed at identifying business practices in the sector that might restrict competition and limit consumer choice. This development follows the Commission’s report (...)

The Hungarian Competition Authority fines a distributor of meat products for price resale maintenance (Pick)
Hungarian Competition Authority (Budapest)
Pick’s pricing practice is unlawful – The GVH has imposed a fine due to the fixing and setting of and minimum prices during temporary sales (promotions)* According to the decision of the Hungarian Competition Authority (Gazdasági Versenyhivatal – GVH), from January 2009 to December 2014, Pick (...)

The French Competition Authority fines suppliers and distributors of liquid fuel heating units for concluding horizontal and vertical anticompetitive agreements (PVG / Ligne Plus)
French Competition Authority (Paris)
Liquid fuel backup heating units* The Autorité de la concurrence fines both PVG and Ligne Plus suppliers for anticompetitive agreement on wholesale prices and sharing of customer base (horizontal agreement). Besides, both suppliers are fined for having set distributors’ resale prices to the (...)

The UK Competition Authority fines a company for retail price maintenance on online sales (ITW)
Van Bael & Bellis (Brussels)
On 24 May 2016, the UK’s Competition and Markets Authority (“CMA”) fined ITW Limited, a supplier of refrigerators, £ 2,298,820 for retail price maintenance on online sales. From 2012 to 2014, ITW required dealers to adhere to its minimum advertised price policy for Foster commercial fridges and (...)

The German Competition Authority fines several breweries and retailers for resale price maintenance (Offenburg)
German Competition Authority (Bonn)
Resale price maintenance in food retail sector - Fine proceedings largely concluded in beer segment too* In its vertical case in the food retail sector the Bundeskartellamt has concluded further cartel proceedings and imposed new fines on retailers totalling 90.5 million euros. This time the (...)

The German Higher Regional Court of Celle finds that limited resale price maintenance does not amount to an appreciable restriction of competition (A-Vitalkost)
Van Bael & Bellis (Brussels)
On 7 April 2016, the Higher Regional Court of Celle held that resale price maintenance in the framework of a promotion offered to pharmacies for the sale of a dietary product did not constitute an appreciable restriction of competition and therefore did not infringe competition law. In 2014, (...)

The German Higher Regional Court of Celle court finds that a minimum resale price campaign does not result in an appreciable restriction of competition given the campaign’s limited timeframe and scope (Almased Wellness)
Commeo (Frankfurt)
In its judgement of 7 April 2016, the Celle Higher Regional Court (“the Court”) found that resale price maintenance (“RPM”) does not per se result in an appreciable restriction of competition. The Court held that the setting of a minimum resale price in the framework of a promotion offered to (...)

The Portuguese Competition Authority opens a market inquiry concerning the commitments proposed by a supermarket suspected of resale price maintenance (Dia)
Portuguese Competition Authority (Lisbon)
DIA Portugal offers commitments to the PCA* On 3 April 2014, the Portuguese Competition Authority (PCA) opened proceedings against DIA Portugal Supermercados, Sociedade Unipessoal, Lda. (DIA Portugal), for alleged infringement of national competition rules in the context of the Franchise (...)

The Croatian Competition Authority closes its procedure concerning an alleged resale price maintenance in the market of the distributors of motorcycles and scooters (Piaggio Hrvatska)
Croatian Competition Agency (Zagreb)
No infringement of competition rules for Piaggio Hrvatska* Neither direct nor indirect evidence was found in the proceeding that was conducted against the undertaking Piaggio Hrvatska based on the alleged resale price maintenance provisions in the vertical agreements with its buyers. In other (...)

The UK Competition and Markets Authority issues notice on high-strength alcohol
DLA Piper (London)
On 18 January 2016, the Competition and Markets Authority ("CMA") announced that it has reminded local authorities about the need to ensure that schemes aimed at reducing consumption of high-strength alcohol do not breach competition law. This follows the provision of guidance on the subject in (...)

The German Competition Authority fines a toys manufacturer for resale price maintenance (Lego)
German Competition Authority (Bonn)
Bundeskartellamt fines LEGO for vertical resale price maintenance* The Bundeskartellamt has imposed a fine of 130,000 euros on LEGO GmbH for enforcing vertical resale price maintenance in the sale of its so-called "highlight articles". Those affected were retailers in northern and eastern (...)

The Romanian Competition Authority fines two companies on the market of movies exploitation in cinemas for resale price maintenance (Intercomfilm Distribution / Hollywood Multiplex Operations)
Romanian Competition Council (Bucharest)
The Competition Council has sanctioned with fines SC Intercomfilm Distribution SRL and SC Hollywood Multiplex Operations SRL* The Competition Council has sanctioned the companies SC Intercomfilm Distribution SRL and SC Hollywood Multiplex Operations SRL with fines of 107.571 lei (approx. Euro (...)

The Polish Competition Authority imposes sanctions for retail price maintenance in the wristwatch distribution sector while announcing a new economic-based approach to vertical agreements (Swatch)
Hansberry Tomkiel (Warsaw)
I. Introductory remarks In its decision no DOK 4/2015 of 8th December 2015 (the “Decision”,) the Polish Office for Competition and Consumer Protection (“Competition Authority”) sanctioned the Swatch Group (Polska) Sp. z o.o. (“SGP”) and four retail distributors of wristwatches. According to the (...)

The German Competition Authority fines for the second time a matress producer for resale price maintenance (Tempur)
German Competition Authority (Bonn)
Bundeskartellamt concludes mattress case with another fine* The Bundeskartellamt has fined Tempur Deutschland GmbH, Steinhagen, 15.5 million euros for imposing resale price maintenance on retailers selling its products. Andreas Mundt, President of the Bundeskartellamt: "From August 2005 to (...)

The German Competition Authority imposes fines on manufacturers and retailers in the food sector for vertical resale price maintenance (Aldi)
German Competition Authority (Bonn)
Vertical resale price maintenance in the food retail sector - Majority of fine proceedings concluded* The Bundeskartellamt has concluded most of its cartel proceedings against manufacturers and retailers in the food sector for illegally maintaining the retail prices of well-known brand (...)

The German Competition Authority assesses vertical and horizontal price fixing in cartel proceedings focusing on the food sector (Aldi / Edeka / Kaufland / Metro / REWE / Haribo / Ritter)
Commeo (Frankfurt)
In June 2015, the German Federal Cartel Office (“FCO”) has concluded most of its long going proceedings against manufacturers and retailers in the food sector for illegally fixing the retail prices of branded products. The FCO imposed total fines of EUR 151.6million on both manufacturers and (...)

The German Competition Authority imposes a fine on a manufacturer for resale price maintenance in the market of portable navigation devices (United Navigation)
German Competition Authority (Bonn)
Fine imposed for resale price maintenance in the sale of portable nagivation devices* The Bundeskartellamt has imposed a fine of 300,000 euros on United Navigation GmbH, Ostfildern, for enforcing resale price maintenance on retailers selling its products. From July 2009 to May 2014 (...)

The Danish Competition Authority concludes a settlement with a supplier of hardball-gear guilty of resale price maintenance (ActionSportGames)
Danish Competition and Consumer Authority (Copenhagen)
ActionSportGames pays fine in settlement for resale price maintenance* On April 30, 2015, ActionSportGames A/S, a Danish supplier of hardball-gear – an activity similar to paintball – entered into a settlement with the Danish Public Prosecutor for Serious Economic and International Crime for (...)

The Danish Competition Authority concludes a settlement with a producer of trailers guilty of price resale maintenance (Variant)
Danish Competition and Consumer Authority (Copenhagen)
Variant A/S, Denmark, pays fine in settlement for resale price maintenance* On April 29, 2015, Variant A/S, a Danish producer of trailers, entered into a settlement with the Danish Competition and Consumer Authority for infringing section 6 of the Danish Competition Act by imposing resale (...)

The Hellenic Competition Commission examines whether tobacco manufacturers impede competition in the market of tobacco distribution (Papastratos Cigarette Manufacturing Company, British American Tobacco Hellas)
Hellenic Competition Authority (Athens)
Investigation of complaints by tobacco distributors against tobacco manufacturers and review of proposed commitments by tobacco manufacturers to meet competition concerns expressed to them by the HCC in its preliminary assessment* The Hellenic Competition Commission (HCC), in plenary, will (...)

The Austrian Cartel Court fines a mineral waters supplier for vertical agreements fixing prices (Vöslauer Mineralwasser)
European Commission (Brussels)
Fine for Vertical Agreement in Non-alcoholic Beverages Sector* On 3 March 2015, upon application of the BWB, the Cartel Court imposed a € 653 775 fine on Vöslauer Mineralwasser AG for vertical agreements fixing prices (RPM) with several retailers from January 2007 to December 2012 in the area of (...)

The Government of the Republic of Croatia adopts a revised Regulation on the method of setting fines
Croatian Competition Agency (Zagreb)
Revised Regulation on setting fines* The Government of the Republic of Croatia adopted a revised Regulation on the method of setting fines in its session of 26 February 2015. This Regulation is based on the proposal made by the Croatian Competition Agency (CCA) and shall enter into force on (...)

The German Competition Authority imposes fines on a mattress manufacturer for resale price maintenance (Metzeler Schaum)
German Competition Authority (Bonn)
Further fine imposed for resale price maintenance in mattress case* The Bundeskartellamt has fined Metzeler Schaum GmbH 3.38 million euros for imposing resale price maintenance on retailers selling its products. From early 2007 to July 2011 representatives of Metzeler had repeatedly agreed (...)

The German Competition Authority imposes further fines on a mattress producer for allegedly imposing resale prices on retailers selling its products (Metzeler Schaum)
Ashurst (Milan)
Germany’s Federal Cartel Authority imposes further fines in mattress case* Last 6 February Germany’s Federal Cartel Authority (“FCA”) fined mattress producer Metzeler Schaum Gmbh (“Metzeler”) Euro 3.38 million for allegedly imposing resale prices on retailers selling its products, in breach of (...)

The Slovak Competition Authority publishes a working draft of its standpoint on vertical restraints outlining its views on vertical competition issues
Diwok Hermann Petsche (Baker McKenzie Vienna)
Introduction The Competition Authority of Slovakia ("SCA") published on 4 February 2015 a working draft of the Standpoint on Vertical Agreements ("Standpoint") and invited the relevant public to discuss the main ideas outlined in the Standpoint. The Standpoint has been published in the (...)

The Hellenic Competition Commission imposes fines on one undertaking for implementing resale price maintenance practices and a restriction of cross-supplies between distributors/franchisees within its selective distribution network (Germanos)
Hellenic Competition Authority (Athens)
The HCC imposes fines on GERMANOS for infringing EU and national competition rules in relation to its franchise network* The HCC imposes fines on GERMANOS for infringing EU and national competition rules in relation to its franchise network Following an extensive investigation, the Hellenic (...)

The Croatian Competition Agency imposes fines on two undertakings for resale price maintenance (Kraš and NTL)
Croatian Competition Agency (Zagreb)
CCA finds a prohibited vertical agreement between Kraš and NTL* The Croatian Competition Agency established in the course of the proceeding that the agreement between the undertakings Kraš and Narodni trgovački lanac (NTL), that was in force for almost four years, from October 2014 to July 2014, (...)

The Austrian Cartel Court fines retailers for vertical price agreements (SPAR / Sutterlüty / MPREIS)
European Commission (Brussels)
Fines for Various Food Retailers* On 26 November 2014, the Cartel Court imposed a € 3 000 000 fine on the retailer SPAR Österreichische Warenhandels AG for vertical price agreements (RPM) concluded with several suppliers from 2002 to 2012 in the area of dairy products, which were found to (...)

The Austrian Cartel Court upholds request by the Competition Authority and fines a dairy producer for resale price maintenance (NÖM)
European Commission (Brussels)
Settlement with Dairy Producer* On 26 November 2014, the Cartel Court (29 Kt 60/14) imposed a fine of € 583.200 on NÖM AG, a major Austrian dairy producer for anticompetitive behaviour related to RPM with food retailers regarding certain dairy products between 2007 and 2012. The decision was (...)

The Swedish Competition Authority closes an investigation into retail price maintenance in sport nutrition market (13:e Protein Import)
European Commission (Brussels)
SCA Closes Investigation into Retail Price Maintenance in Sport Nutrition Market* On 30 October 2014, the Swedish Competition Authority (SCA) adopted a reasoned priority decision not to pursue the investigation of a complaint regarding alleged resale price maintenance infringing Chapter 2 (...)

The Austrian Cartel Court imposes fines in a building insulation cartel (Austotherm / Steinbacher)
European Commission (Brussels)
Fines Imposed in Building Insulation Cartel Case* In September 2014, the Cartel Court imposed a fine on Austotherm, a producer of insulation products, for having taken part into a cartel in the distribution of polystyrene insulating material. So far, the producers of insulation materials (...)

The German Competition Authority imposes fines on a mattress manufacturer for having imposing resale price maintenance on retailers (Recticel Schlafkomfort GmbH)
German Competition Authority (Bonn)
First fine imposed for resale price maintenance in mattress case* The Bundeskartellamt has fined Recticel Schlafkomfort GmbH 8.2 million euros on account of imposing resale price maintenance on retailers selling its products. From July 2005 to December 2009 representatives of Recticel agreed (...)

The Croatian Competition Agency imposes fines on four companies for having implemented an anticompetitive vertical agreement (Dukat and Konzum / Kutjevo and KTC)
Croatian Competition Agency (Zagreb)
Press Release published on the official website of the Croatian Competition Agency . Fines for Dukat and Konzum, Kutjevo and KTC* The Croatian Competition Agency declared the agreements entered into by Dukat and Konzum, and Kutjevo and KTC, null and void. At the same time it imposed sanctions (...)

The Danish Public Prosecutor settles charges on a violation of cartel law by imposing of resale price maintenance, prevention of parallel imports and passive sales (Witt Hvidevarer)
Danish Competition and Consumer Authority (Copenhagen)
Press Release published on the official website of the Danish Competition and Consumer Authority. Denmark: ”Distributor of white goods pays fine in settlement for resale price maintenance and prevention of parallel imports and passive sales”* On 10 July, 2014, the company Witt Hvidevarer (a (...)

The Italian Competition Authority closes a case of alleged resale price maintenance in the food distribution sector with a commitment decision (Enervit)
Bonelli Erede (Rome)
With its decision of 20 November 2013, the Italian Competition Authority (“ICA” or “Authority”) initiated an investigation against Enervit S.p.A., a company active in the production and distribution of sport and diet food products (“Enervit” or the “Company”) , to verify if, in the vertical relations (...)

The Italian Competition Authority accepts commitments in a case concerning resale price maintenance by a producer of renewable energy converters (Power-One)
European Commission (Brussels)
Italy: The Italian Competition Authority accepts Commitments in Energy Converters Case* On 2 July 2014, the Italian Competition Authority (ICA) adopted a commitment decision in relation to an alleged violation of Article 101 TFEU by Power-One Italy Spa (Power-One), an Italian undertaking (...)

The Austrian Cartel Court adopts several decisions imposing fines for vertical restrictions including RPM and restrictions of online sales (Pioneer Electronics / Media-Saturn / Hans Lurf / SSA Fluidra Grundig)
European Commission (Brussels)
Austria: Fines imposed for Vertical Restrictions and Restrictions of Online Sales* Since March 2014, the Cartel Court adopted several decisions imposing fines for vertical restrictions including RPM and restrictions of online sales infringing Article 101 TFEU and § 1 Austrian Cartel Act: a (...)

The UK Office of Fair Trading takes the view that bilateral communications of retail prices between manufacturer and retailers are problematic (Sports Bras)
CRA International (London)
,
CRA International (London)
,
CRA International (London)
When do retail price communications between retailers and manufacturers become RPM?* Introduction Commercial negotiations between manufacturers and retailers necessarily involve a discussion of wholesale prices, but they may also involve a discussion of potential retail prices, including (...)

The Austrian Cartel Court imposes a fine of € 290 000 on a manufacturer of building insulation materials for resale price maintenance and exchange of information (Swisspor)
European Commission (Brussels)
Austria: New Decision imposing Fines in Building Insulation Case* On 16 May 2014, the Cartel Court imposed a fine of € 290 000 on Swisspor, a manufacturer of building insulation materials, for infringing Article 101 TFEU and § 1 Austrian Cartel Act. The Court found that the undertaking (...)

The Italian Competition Authority decides to undertake market testing of commitments regarding resale price maintenance in the photovoltaic sector (Photovoltaic Inverter case)
Giannino SI (Monserrato)
In the Photovoltaic Inverter case the Italian Competition Authority (ICA) has opened an Article 101 TFEU investigation into an alleged resale price maintenance agreement (RPM) in the photovoltaic market . Recently, the ICA decided to publish and subject to a market test the set of behavioural (...)

The Lisbon Court of Appeal confirms fines for resale price maintenance relating to dairy products in the ’horeca’ sector (Lactogal)
Eduardo Paz Ferreira & Associados (Lisboa)
In July 2012, the Portuguese Competition Authority (PCA) found that Lactogal infringed the national provision equivalent to Article 101 TFEU in several markets for distribution and sale of dairy products in the hotel, restaurant and café (or hotel and catering) sector. Specifically, the PCA (...)

The Hungarian Competition Authority imposes fines for resale price maintenance on the market for dental handpieces (Dentalwerk Bürmoos)
Hungarian Competition Authority (Budapest)
Restrictive agreements on the market of dental handpieces* The Hungarian Competition Authority (Gazdasági Versenyhivatal – GVH) established that W&H Dentalwerk Bürmoos GmbH and certain of its distributors had breached EU competition rules by concluding restrictive agreements which fixed the (...)

The Austrian Cartel Court imposes fines for resale price maintenance in food sector (Kärntnermilch, Vereinigte Kärntner Brauereien, Brauerei Schloss Eggenberg Stöhr)
European Commission (Brussels)
Austria: The Cartel Court imposes Fines for Resale Price Maintenance in Food Sector* In December 2013 and January 2014,the Cartel Court (the Court) took several decisions imposing fines on companies active in the food sector for having infringed Article 101 TFEU and §1 of the Austrian Cartel (...)

The Polish Competition Authority sanctions brand watches distributor for fixing prices with its distributors (PHU Jubiler)
Warsaw School of Economics
On 31 December 2013 the Polish Competition Authority (PCA) sanctioned brand watches importer and distributor PHU Jubiler for unlawful fixing with its distributors of minimum prices offered to consumers by retail sellers. The amount of fine reached almost 1 mln PLN (expressis verbis 819,496.16 (...)

The Polish Competition Authority fines one company for resale price maintenance on the ski equipment and accessories market (Sport & Freizeit)
WKB Wiercinski Kwiecinski Baehr (Poznan)
,
WKB Wierciński Kwieciński Baehr (Warsaw)
On 31 December 2013, the President of the Office of Competition and Consumer Protection (hereinafter “the OCCP President”) issued a decision concerning minimum resale price maintenance practices on the market of ski equipment and accessories in Poland (Decision No. DOK – 7/2013). Although the (...)

The Polish Competition Authority sanctions a brand watches distributor for fixing prices with its distributors (Anyro & Co)
Warsaw School of Economics
On 31 December 2013 the Polish Competition Authority (PCA) sanctioned brand watches wholesale and retail distributor Anyro & Co for unlawful fixing with its distributors of minimum prices offered to consumers by retail sellers . The decision is interconnected with the other one not only (...)

The German Competition Authority closes its proceedings against an online book trader for enforcing price parity clauses on its marketplace platform (Amazon)
German Competition Authority (Bonn)
Amazon abandons price parity clauses for good* 26 November 2013: The Bundeskartellamt has today terminated its proceedings against Amazon for enforcing price parity clauses on its Marketplace platform after the company had met the requirements set by the authority. Andreas Mundt, President of (...)

The German Competition Authority closes its investigation against an online book trader for price parity clauses (Amazon)
Ashurst (Milan)
Amazon Marketplace ends price parity* On 26 November 2013, Germany’s Federal Cartel Office (“FCO”) issued a press release stating that it has closed the investigation into Amazon’s “price parity” clauses applied in agreements with traders that operated on its Marketplace platform. In fact, on 27 and (...)

The Danish Competition Authority settles fines for resale price maintenance between a distributor of hair products and some of its dealers (Coss)
Danish Competition and Consumer Authority (Copenhagen)
Denmark: ”Distributor of hair products pays fine in settlement for resale price maintenance”* On November 29, 2013, the company Coss (a Danish distributor of hair products) entered into a settlement with the Danish Competition and Consumer Authority and accepted to pay a fine of DKK 100.000 (€ (...)

The Danish Competition and Consumer Authority enters into a settlement with a clothing company in a resale price maintenance case (Vila)
DLA Piper (Copenhagen)
On 31 October 2013, the clothing company Vila A/S (“Vila”) and two persons from the management entered into a settlement with the Danish Competition and Consumer Authority (“DCCA”) for infringing section 6 of the Danish Competition Act by imposing resale price maintenance on some of its dealers. (...)

The Danish Competition and Consumer Authority settles fines with a fashion brand company for resale price maintenance (Vila)
Danish Competition and Consumer Authority (Copenhagen)
Vila pays fine in settlement for resale price maintenance* On October 30, 2013, Vila entered into a settlement with the Danish Competition and Consumer Authority for infringing section 6 of the Danish Competition Act by imposing resale price maintenance to some of the company’s dealers. (...)

The Austrian Cartel Court imposes fines for resale price maintenance between producers and supermarkets (Emmi, Ried)
European Commission (Brussels)
Austria : Cartel Court imposes Fines for Resale Price Maintenance* The Cartel Court (the Court) adopted two decisions imposing fines for breach of Article 101 TFEU and of § 1 of the Austrian Cartel Act 2005 by Resale Price Maintenance (RPM) between producers and supermarkets. In the first (...)

The Hungarian Competition Authority finds vertical restrictive agreements between book publishers and retailers and imposes fines (Pécsi Direkt)
Hungarian Competition Authority (Budapest)
Restrictive agreements on the book market* The Hungarian Competition Authority (Gazdasági Versenyhivatal - GVH) determined that Pécsi Direkt Kereskedelmi és Szolgáltató Kft., Líra Könyv Zrt., Libri Könyvkereskedelmi Kft, and Sun Books Könyvkereskedelmi Kft ("f.a." - being liquidated), which are book (...)

The UK OFT issues statement of objections to sports bra supplier and three department stores for alleged resale price maintenance (DB Apparel / John Lewis / Debenhams Retail / House of Fraser)
European Commission (Brussels)
United Kingdom: The Office of Fair Trading issues Statement of Objections to Sports Bra Supplier and Three UK Department Stores* On 20 September 2013, the Office of Fair Trading (OFT) issued a Statement of Objections to a manufacturer of sports bras and three UK department stores alleging (...)

The Austrian Cartel Court imposes fine for resale price maintenance in the milling industry (Vorarlberger Mühlen)
European Commission (Brussels)
Austria: The Cartel Court imposes Fine in Milling Industry* On 3 September 2013, the Cartel Court imposed a € 58 500 fine on Vorarlberger Mühlen- und Mischfutter GmbH (Vorarlberger Mühlen) for Resale Price Maintenance (RPM) between the latter and a number of retailers (Court reference number 29 (...)

The Polish Competition Authority fines the leader of the distribution network for RPM arrangements and market sharing (Bona-Polska)
WKB Wierciński Kwieciński Baehr (Warsaw)
In its decision of 28 August 2013 the Polish competition authority (Prezes Urzędu Ochrony Konkurencji i Konsumentów, hereinafter referred to as the “OCCP President” or the “PCA”) has fined Bona-Polska with the amount of PLN 81,287.88 (approximately €20,322.00) for imposing fixed and minimum resale (...)

The Polish Competition Authority mulls over RPM agreements with elements of hub-and-spoke arrangements in the market for pay-TV services (Sports Broadcasting)
WKB Wierciński Kwieciński Baehr (Warsaw)
,
Freshfields Bruckhaus Deringer (London)
In the decision of 21 August 2013 in Sports Broadcasting, the Polish competition authority (Urząd Ochrony Konkurencji i Konsumentów, the UOKiK), had the uncommon opportunity of analysing resale price maintenance (RPM) agreements with elements of hub-and-spoke arrangements. This is the fifth case (...)

The UK Competition Authority issues draft commitments in an investigation regarding the hotel online booking sector (IHG / Expedia / Booking.com)
Accenture (Dublin)
Hotel Online Booking: The OFT announces its intention to accept binding commitments* On 9 August 2013, the OFT issued draft commitments in the Hotel Online Booking investigation. The OFT has investigated the relevant markets for over 2 years and has provisionally found that certain hotels (...)

The German Competition Authority imposes fines on account of vertical price fixing practices on the market for the distribution of natural cosmetics (WALA)
German Competition Authority (Bonn)
Fine imposed on WALA Heilmittel GmbH for vertical price fixing practices involving Dr Hauschka cosmetics products* Bonn, 31 July 2013: Today the Bundeskartellamt has imposed fines amounting to a total of approx. € 6.5 million on WALA Heilmittel GmbH, Bad Boll, and representatives of the (...)

The German Competition Authority continues to view the best price clause used by a hotel booking portal in a critical manner (HRS)
German Competition Authority (Bonn)
Bundeskartellamt continues to view HRS’s best price clause critically* The Bundeskartellamt has confirmed its competition concerns about the best price clause used by the hotel booking portal HRS. After examining the statements of HRS and all other relevant market participants, the (...)

The Danish Competition and Consumer Authority announces that a white goods manufacturer has accepted to pay a fine of € 161,000 for having entered into illegal price maintenance agreements with its dealers and for having prevented parallel imports (Miele)
Van Bael & Bellis (Brussels)
On 25 July 2013, the Danish Competition and Consumer Authority (“DCCA”) announced that the white goods manufacturer Miele A/S has accepted to pay a fine of DKK 1.2 million (around € 161,000) for having entered into illegal price maintenance agreements with its dealers and for having prevented (...)

The Danish Competition Authority settles with a cartel participant, a major player in the market for white goods (Miele)
Danish Competition and Consumer Authority (Copenhagen)
Miele A/S, Denmark, pays fine in settlement for resale price maintenance and prevention of parallel imports on white goods* On July 18, 2013, Miele A/S, Denmark, entered into a settlement with the Danish Public Prosecutor for Serious Economic and International Crime for infringing section 6 of (...)

The Danish Public Prosecutor for Serious and International Crime cracks down on resale price maintenance (Miele)
Copenhagen Business School
On 18 July 2013, in the latest of a series of settlements regarding Resale Price Maintenance, Miele A/S, a Danish subsidiary of the German manufacturer of, agreed to a fine of DKK 1.2 million (about EUR 162,000). 1. The Miele case Miele A/S is the Danish subsidiary of the German family-owned (...)

The Bulgarian Competition Authority finds resale price maintenance practices on the sunflower oil market (Kaliakra)
University of Macau - Faculty of Law (Macau)
On 17 July 2013 the Bulgarian Competition Authority (CPC) prosecuted the producer of bottled sunflower oil Kaliakra AD (Kaliakra) and its distributors for engaging in the resale price maintenance (RPM) practices. The CPC’s investigation was commenced after the completion of the sector inquiry (...)

The Danish Competition and Consumer Authority enters into a settlement with distributor of leisure weapons in a resale price maintenance case (HG Agencies)
DLA Piper (Copenhagen)
On 30 June 2013, the owner of the Danish distributor of leisure weapons, HG Agencies entered into a settlement with the Danish Competition and Consumer Authority for infringing section 6 of the Danish Competition Act by imposing resale price maintenance on one of its dealers. Under the (...)

The Danish Competition Authority cartel settles with a domestic distributor of leisure weapons (HG Agencies)
Danish Competition and Consumer Authority (Copenhagen)
Distributor of leisure weapons pays fine in settlement for resale price maintenance* On June 30, 2013, the owner of the company HG Agencies (a Danish distributor of leisure weapons) entered into a settlement with the Danish Competition and Consumer Authority for infringing section 6 of the (...)

The Polish Competition Authority imposes fines on a franchisor for practising fixed and minimum prices of goods on its trading partners (Sfinks Polska)
WKB Wiercinski Kwiecinski Baehr (Poznan)
,
WKB Wierciński Kwieciński Baehr (Warsaw)
Franchise networks under siege from the Polish competition authority over alleged RPM arrangements* In its decision of 25 June 2013, the Polish competition authority has fined Sfinks Polska the amount of PLN 464,228.92 (approximately €107,000) for imposing fixed resale prices on its (...)

The Polish Competition Authority reminds franchisors that resale price maintenance is a hardcore violation of competition law (Sfinks Polska)
Freshfields Bruckhaus Deringer (London)
In its unprecedented decision of 25 June 2013 in Sfinks Polska, the President of the Polish competition authority (Prezes Urzędu Ochrony Konkurencji i Konsumentów, the UOKiK), established a list of competition law “don’ts” in franchise agreements. While the UOKiK’s jurisprudence in relation to (...)

The Hungarian Competition Authority discontinues the proceedings concerning the practice of recommended end-user prices contained in contracts with cash-register services providers (ALT CASH)
Hungarian Competition Authority (Budapest)
The GVH terminated its proceedings against ALT CASH Kft.* The Hungarian Competition Authority (hereinafter: GVH) terminated the proceedings it had initiated against ALT CASH Kereskedelmi és Szolgáltató Kft. for a suspected infringement of the prohibition of restrictive agreements. Based on the (...)

The French Court of Appeal upholds a fine of €1.34 million imposed on a toy distributor for engaging into unlawful resale price maintenance (Kontiki)
Van Bael & Bellis (Brussels)
,
Van Bael & Bellis
On 16 May 2013, the French Court of Appeal confirmed a decision of the French Competition Authority imposing a fine of € 1.34 million on toy distributor Kontiki SAS for engaging in unlawful resale price maintenance. On 15 December 2011, the French Competition Authority found that Kontiki (...)

The Danish Competition and Consumer Authority enters into a settlement with an international consumer goods manufacturer in a resale price maintenance case concerning ice cream (Unilever Denmark)
DLA Piper (Copenhagen)
On 30 April 2013, Unilever Danmark A/S (Danish subsidiary of the international consumer goods manufacturer, Unilever) entered into a settlement with the Danish Competition and Consumer Authority for infringing section 6 of the Danish Competition Act by imposing resale price maintenance on some (...)

The Danish Public Prosecutor for Serious Economic and International Crime enters into a settlement with a white goods manufacturer in a resale price maintenance case (BSH)
DLA Piper (Copenhagen)
On 24 April 2013, BSH Hvidevarer A/S (Danish subsidiary of the international home appliances manufacturer, BSH) entered into a settlement with the Public Prosecutor for Serious Economic and International Crime for infringing section 6 of the Danish Competition Act by imposing resale price (...)

The Danish Competition Authority settles in a case of resale price maintenance in relation to dealers and the prevention of parallel imports (Bosch / Siemens)
Danish Competition and Consumer Authority (Copenhagen)
BSH pays fine in settlement for resale price maintenance and prevention of parallel imports on white goods* On April 24, 2013, BSH White Goods entered into a settlement with the Danish Public Prosecutor for Serious Economic and International Crime for infringing section 6 of the Danish (...)

The Irish Competition Authority secures binding commitments in a case of resale price maintenance of footwear products (FitFlop / Double Bay Enterprises)
European Commission (Brussels)
Ireland: Commitments in Case of Resale Price Maintenance in Footwear Products* In February 2013, the Competition Authority (the Authority) secured binding commitments from FitFlop footwear distributor, Double Bay Enterprises Limited, in relation to its policy of resale price maintenance (...)

The Irish Competition Authority issues an enforcement decision concerning previously established commitments to cease the anticompetitive practices on the retail market for body sportwear (FitFlops)
Irish Competition Authority (Dublin)
Competition Authority reminder to businesses: resale price maintenance is against the law The Competition Authority advises businesses to be aware that resale price maintenance is against the law and that it will take enforcement action against anyone engaging in the practice. The advice is (...)

The Hellenic Supreme Administrative Court partially annuls a decision finding infringements of both Art 101 TFEU and Art 1 Act 703/1977 through the implementation of a resale price maintenance scheme in the market for dairy products (Vivartia / Megval / Fage / Olympos and Rodopi)
Mikroulea, Staikouras & Associates (Athens)
Introduction On 3 April 2013, the second Senate of the Council of State (Symvoulio tis Epikrateias, the Greek Supreme Administrative Court) delivered Ruling No 1324/2013 which partially annuls Ruling No 3008/2009 of the Athens Administrative Court of Appeal (Dioikitiko Efeteio Athinon). The (...)

The Austrian Cartel Court imposes fine for resale price maintenance in consumer electronics products case (Philips Austria)
European Commission (Brussels)
Austria: The Cartel Court imposes Fine in Consumer Electronics Products Case* On 26 March 2013, the Cartel Court imposed a € 2 900 000 fine on Philips Austria GmbH (Philips Austria) for Resale Price Maintenance (RPM) between the latter and a number of retailers (Court reference number 29 Kt (...)

The Portuguese Competition Authority sanctions supplier recommended retail sale prices materially imposed as minimum prices before retailers (Sera / Unipessoal)
Morais Leitão, Galvão Teles, Soares da Silva (Porto)
,
Morais Leitão, Galvão Teles, Soares da Silva (Lisbon)
I. Background The Portuguese Competition Authority (PCA) decision of 21 March 2013, in case PRC 2009/12, was triggered by an antitrust complaint of June 2009, filed by a national online retailer (Pet4you) active in the sale to end consumers of aquarium products against Sera GmbH and Sera (...)

The Austrian Cartel Court imposes additional fines in resale price maintenance case (Building insulation case)
European Commission (Brussels)
Austria: Additional Fines imposed by Cartel Court in Building Insulation Case* Following several inspections conducted in 2012 and the applications for fines by the Federal Competition Authority (FCA), the Cartel Court imposed on 25 February 2013 fines on a producer and a merchant for (...)

The German Competition Authority launches a web survey targeting 2,400 sellers who offer their products on major internet platform (Amazon Marketplace)
German Competition Authority (Bonn)
Bundeskartellamt surveys Amazon Marketplace sellers* Today the Bundeskartellamt launched a web survey of 2,400 sellers who offer their products through Amazon Marketplace. Within the framework of administrative proceedings under competition law the Bundeskartellamt is examining the effects of (...)

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