Introduction The classification of resale price maintenance (RPM) within a competition law context has been the subject of controversy for decades. Until recently in the US, RPM - in its form of a minimum or fixed resale price - was considered illegal per se. In 2007 the US Supreme Court in its Leegin decision overturned, however, the former legal standard and adopted a rule of reason based (...)
EU Resale Price Maintenance
Anticompetitive practices
The Dutch Competition Authority launches an investigation into potentially illegal arrangements between an internationally operating manufacturer of IT devices and its distributors
ACM launches investigation into illegal arrangements involving IT devices*
The Netherlands Authority for Consumers and Markets (ACM) has launched an investigation into potentially illegal arrangements between an internationally operating manufacturer of IT devices and its distributors. In (...)
The EU Commission imposes fines totalling €13.4M on five pharmaceutical companies for fixing the minimum sales price of an active pharmaceutical ingredient charged to distributors and generic drug manufacturers and for allocating quotas (Alkaloids Australia / Alkaloids Corporation / Boehringer / Linnea / Transo-Pharm)
On 19 October 2023, the European Commission (“Commission”) adopted a decision imposing fines totalling € 13.4 million on five pharmaceutical companies – Alkaloids (Australia), Alkaloids Corporation, Boehringer, Linnea and Transo-Pharm – for fixing the minimum sales price of N-Butylbromide (...)
The Portuguese Court of Appeal upholds the Competition Authority’s infringement decision and fines imposed on an alcoholic beverage producer for resale price maintenance (Super Bock)
Lisbon Court of Appeal confirms infringement by Super Bock sanctioned by the AdC*
The ruling
The Lisbon Court of Appeal has upheld Super Bock’s competition infringement sanctioned by the AdC in July 2019, as well as the full amount of the 24 million fine imposed on the company.
The (...)
The Czech Competition Authority fines a wholesale distributor of pet foods for concluding long-term anticompetitive agreements with its purchasers (Noviko)
SUPPLIERS ARE FORBIDDEN TO SET FIXED RETAIL PRICES; NOVIKO WAS FINED ALMOST CZK 48 MILLION*
The Office for the Protection of Competition (hereinafter referred to as “the Office”) imposed a fine of CZK 47,775,000 on the undertaking NOVIKO s.r.o. (hereinafter referred to as "NOVIKO") for the (...)
The Lithuanian Competition Authority finds that agreement between certain cosmetic manufacturers and their distributors constitutes resale price maintenance and fines the participating (Oda / Garbanė / GSS Baltic...)
Price Fixing Between Cosmetic Manufacturers and Their Distributors Prevented Consumers from Getting Cheaper Products*
The Competition Council found that Oda LT and six companies distributing its skin care products agreed not to sell Oda LT products to consumers at prices lower than those (...)
The Belgian Competition Authority sends a Statement of Objection to cartelists in the private security sector (Securitas / G4S / Seris)
Belgian Competition Authority: statement of objections concerning cartels in the private security sector*
On July 6, 2023, the Auditorate of the Belgian Competition Authority (ABC) informed Securitas , G4S and Seris that it has taken a preliminary position regarding possible cartel practices (...)
The Bulgarian Competition Authority imposes a pecuniary sanction on a household electrical appliances wholesaler for participating in a resale price maintenance agreement with retailers (Miele Bulgaria EOOD)
CPC sanctioned Miele Bulgaria EOOD with more than 1 600 000 BGN for anticompetitive behaviour on the domestic electric appliances market under the national and European competition law*
By Decision No 634/29.06.2023 delivered under case CPC/350/2022, the Commission for the protection of (...)
The Portuguese Competition Authority welcomes the EU Court of Justice’s decision which holds that a beer brand’s exclusive distribution agreements in which it fixed, inter alia, minimum resale prices may be contrary to competition law (Super Bock)
ECJ clarifies issues of the Lisbon Court of Appeal on competition infringements*
The Court of Justice of the European Union (CJEU) issued a judgement that points that the Super Bock’s exclusive distribution agreements in which it fixed, inter alia, minimum resale prices may be contrary to (...)
The Polish Competition Authority conducts an investigation into a pet food retailer for resale price maintenance (Empire Brands)
Pet food - President of UOKiK initiates proceedings* The online sale of Empire brand dog and cat food may have been conducted in violation of antitrust laws. This would mean that consumers could not buy these products online cheaper than at artificially set prices. President of UOKiK Tomasz (...)
The Spanish Competition Authority investigates possible anti-competitive practices in the market for professional hairdressing products
The CNMC investigates possible anti-competitive practices in the sector of professional hairdressing products* The alleged practices consist of imposing resale prices and other commercial conditions on the distributors in the sector. From 23 to 25 May, the CNMC carried out dawn raids at the (...)
The Portuguese Competition Authority issues a Statement of Objections against a health food supplier for resale price maintenance (Dietmed)
AdC investigates resale price fixing of food supplements and health food products*
The investigation
The Competition Authority (AdC) is investigating an anti-competitive practice carried out by a health food supplier, by preventing its distributors from freely setting retail prices. The (...)
The Austrian Competition Authority commences dawn raids in the market for the distribution of refrigeration and freezing equipment
Austrian Federal Competition Authority confirms dawn raid in the distribution of refrigeration and freezing equipment*
The Austrian Federal Competition Authority (AFCA) is carrying out a dawn raid in the distribution of refrigeration and freezing equipment.
The undertaking is suspected of (...)
The Belgian Competition Authority adopts a new decision to fine a skincare company for imposing minimum prices and active and passive sales restrictions (Caudalie)
In 2021, the Belgian Competition Authority imposed a fine of EUR 859,310 on several companies in the French Caudalie group for breaching competition law by imposing minimum prices and restricting active and passive sales in the framework of its selective distribution network. On 1 December (...)
The Czech Competition Authority fines a sewing equipment distributor for resale price maintenance (Brother Sewing)
Brother Sewing Equipment Distributor Fined More Than a Million CZK for Fixing Prices to Retailers *
The Office for the Protection of Competition imposed a fine of CZK 1,134,000 on the company Sewing Technology Brother s.r.o. (hereinafter referred to as “Brother“) for concluding and (...)
The Polish Competition Authority fines a seller of security cameras and its distributors for resale price maintenance, price fixing, market sharing and obstructing an investigation (Dahua Technology)
Dahua Technology Poland - suspicion of collusion with distributors and a fine for hindering the search* Did Dahua Technology Poland, one of the country’s largest manufacturers of electronic monitoring equipment, enter into price collusion and divide the market together with its distributors? (...)
The French Supreme Court declares a television network’s requirement that an online streaming service include its free channels in a premium package does not constitute either resale price maintenance or a significant imbalance (Molotov / M6)
In its decision of September 28, 2022, the Commercial, Financial and Economic Chamber of the Court of Cassation rejected the appeal challenging the decision of the Paris Court of Appeal of November 18, 2020, thus putting an end to the Molotov/M6 saga. The judges of the “Quai de l’Horloge” (...)
The French Supreme Court confirms that harm cannot be presumed in resale price maintenance cases (Lorillard / AVGR)
In a recent ruling, France’s highest appeals court (the Cour de cassation) set out its position on the question of the standard of proof regarding a vertical agreement and, more specifically, about the strict application of the material and temporal scope of the EU “Damages” directive of 26th (...)
The UK Competition Authority fines firms for fixing prices fans pay for football club merchandise (Elite Sports / JD Sports / Rangers FC)
Firms fined for fixing prices fans pay for Rangers FC merchandise*
The CMA has imposed fines totalling over £2 million on Elite Sports, JD Sports and Rangers FC after they admitted to fixing the prices of certain Rangers FC merchandise.
The Competition and Markets Authority (CMA) has found (...)
The Czech Competition Authority reduces a fine imposed on an aroma candles distributor for RPM and for the first time takes into account their competition compliance program (Z-Trade)
Reduced fine for Aroma candles distrubutor, and, for the first time, the office took the compliance program into account*
The Office for the Protection of Competition (hereinafter referred to as “the Office“) imposed a fine of CZK 17,649,000 on the undertaking Z - TRADE s. r. o. for (...)
The Danish Competition Authority fines a product designer for resale price maintenance and passive sales (Rosendahl)
Danish producer of interior design brands fined for infringing competition rules*
The Danish Competition Council has issued a fine of DKK 7.500.000 at Rosendahl Design Group for infringing the Danish Competition Act. Rosendahl has restricted passive sales by their retailers of design (...)
The Hellenic Competition Authority fines nine companies in the cooling and heating systems sector over €1.1M for resale price maintenance (Clima Control / Helioakmi / AHI Carrier / Amiridis-Savvidis ...)
Press Release - fines of €1.167.381,61 on nine companies of cooling and heating systems / appliances*
Subject: Decision of the Hellenic Competition Commission to impose fines of the amount of €1.167.381,61 on nine companies operating in the Greek market of cooling and heating systems/ (...)
The Hungarian Competition Authority eliminates price fixing by audio equipment dealers (Yamaha)
The GVH eliminated price fixing by audio equipment dealers*
12 July 2022, Budapest – The GVH has imposed a fine of around HUF 100 million on several domestic and one Slovakian audio equipment retailer for price fixing. The investigation has revealed that Yamaha, one of the most diversified (...)
The Polish Competition Authority investigates the alleged cooperation agreements between animal feed product producers and distributors (Empire Brands)
Animal feed market - actions of the President of UOKiK* Did dog and cat food producer Empire Brands break the antitrust law? Tomasz Chróstny, President of UOKiK, launched a preliminary investigation in the case and the Office staff conducted a search at the company’s registered office.
The (...)
The UK Competition Authority preliminarily determines that two sporting apparel retailers colluded with a football club to fix the prices of replica kits and other clothing products (Elite Sports / JD Sports / Rangers Football Club)
CMA provisionally finds illegal price-fixing of Rangers FC merchandise*
The CMA has provisionally found that Elite Sports, JD Sports and Rangers Football Club broke competition law by fixing the retail prices of certain Rangers-branded clothing products.
If confirmed, the companies (...)
The Hellenic Competition Authority conducts unannounced inspections in the cosmetics and personal care sector
Unannounced inspections in the cosmetics and personal care sector*
Athens, February 18, 2022 - The Hellenic Competition Commission (HCC) has carried out unannounced inspections (dawn raids) at the premises of an undertaking active in the cosmetics and personal care sector.
The unannounced (...)
The Italian Competition Authority closes its investigation into resale price maintenance in the market for probiotics following commitments from the alleged transgressor (SOFAR)
In May 2021, the Italian Competition Authority (AGCM or ICA) launched an investigation into restrictions on resale prices that a pharmaceutical company, SOFAR, was alleged to have imposed upon its distribution network for a probiotic product (Enterolactis Plus). In Europe, agreements or (...)
The Czech Competition Authority imposes a record fine of €3.7M on a garden machinery and equipment supplier for resale price maintenance (Garland)
In a bold start into the New Year, on 4 January 2022 the Czech Competition Authority (UOHS) imposed a fine of approx. EUR 3,7 million (CZK 96,8 million) for resale price maintenance on GARLAND distributor, s.r.o., a supplier of garden machinery, equipment and hobby tools in the Czech Republic. (...)
The UK Competition Authority provisionally finds that a lighting equipment manufacturer has violated competition law by preventing retailers from offering discounts online (Dar Lighting)
CMA provisionally finds lighting firm illegally banned discounts*
The CMA has provisionally found that Dar Lighting Limited has broken competition law by preventing retailers from offering discounts online.
The Competition and Markets Authority (CMA) has issued a Statement of Objections to (...)
The Italian Competition Authority closes an investigation into a resale price maintenance arrangement affecting the market for nutritional supplements following commitments to remedy by the infringers (Sofar / Fornitura Integratori Alimentari)
By its decision recently rendered in the Sofar/Fornitura Integratori Alimentari case the Italian Competition Authority (ICA) considered the lawfulness of the conducts of a supplier imposing minimum resale prices for the probiotic nutritional supplements. Pursuant to Article 14-ter of the (...)
The German Competition Authority imposes a fine totalling around €7M on an audio equipment manufacturer for resale price maintenance in the distribution of their audio products through authorized dealers (Bose)
Bundeskartellamt imposes fine on audio equipment manufacturer Bose*
The Bundeskartellamt has imposed a fine totaling around 7 million euros on Bose GmbH, which is based in Friedrichsdorf, on account of resale price maintenance. Bose manufactures and distributes high-end consumer electronics. (...)
The UK Competition Authority publishes its recommendation for replacing the retained Vertical Agreements Block Exemption Regulation
On 3 November, the UK’s Competition and Markets Authority (“CMA”) issued a recommendation to the Secretary of State for Business, Energy and Industrial Strategy to replace the EU Vertical Agreements Block Exemption Regulation or ” VABER” with a UK Vertical Agreements Block Exemption Order (“UK (...)
The UK Competition Authority publishes its recommendation and indicates the nature of the separate guidance that it plans to issue with respect to the assessment of vertical agreements
At the start of November, the UK Competition and Markets Authority (“CMA”) issued a Recommendation to the Secretary of State with respect to the terms of a new UK-specific Vertical Agreements Block Exemption Order (“VABEO”) that would apply as of 1 June 2022. The VABEO would replace the (...)
The Spanish Competition Authority resolves its penalty proceedings against an industrial equipment supplier for potential restrictions on passive sales and retail-price maintenance agreements (Maquinaria Garrido)
The CNMC resolves its penalty proceedings against Maquinaria Garrido S.L. through traditional enforcement* With this type of remedy, the alleged offender offers certain binding conditions which, if accepted by the Commission, enables it to avoid paying a fine. The CNMC investigates the terms (...)
The Polish Competition Authority fines a dietary supplements company and its two executives for colluding with distributors to apply minimum resale prices (Solgar)
Decision of the President of UOKiK - collusion on the dietary supplements market*
President of UOKiK Tomasz Chróstny issued a decision stating that the prices of Solgar brand dietary supplements were determined as a result of an arrangement aimed at limiting competition. This means that (...)
The German Competition Authority imposes a €2M fine on a national manufacturer of sustainable ergonomic backpacks for price-fixing (Fond Of)
Bundeskartellamt imposes fine on the Cologne-based company Fond Of GmbH*
The Bundeskartellamt has imposed a fine totalling around 2 million euros on Fond Of GmbH, a company based in Cologne, on account of vertical price fixing. Fond Of specialises in the development and manufacture of school (...)
The Dutch Competition Authority closes its investigation into a possible violation of competition law in the home decor sector due to having to prioritize other investigations
ACM closes investigation into possible violation of competition rules in home-decor sector*
The Netherlands Authority for Consumers and Markets (ACM) has closed its investigation into a possible violation of competition rules in the home-decor sector. ACM gives priority to other (...)
The German Competition Authority imposes fines on manufacturers and retailers of musical instruments for resale price maintenance (Yamaha Music / Rellingen / Roland / Rüsselsheim)
Bundeskartellamt imposes fines on manufacturers and retailers of musical instruments*
The Bundeskartellamt has imposed fines totalling approx. 21 million euros on three manufacturers and two retailers of musical instruments and on staff responsible. The manufacturers and retailers are (...)
The Polish Competition Authority initiates proceedings against a cleaning supplies and devices company and a bicycle retailer for restricting competition (Kärcher) (Merida bicycles)
In July, the Polish Competition Authority (UOKiK) announced the initiation of a preliminary investigation and the fact that they conducted an inspection at the premises of Kärcher. The UOKiK suspects that Kärcher imposed minimum resale prices on distributors selling its professional line of (...)
The French Competition Authority fines several eyewear brands and manufacturers for imposing selling prices and restrictions on online sales (Luxottica / LVMH / Chanel / Logo)
Several eyewear brands and manufacturers fined for imposing selling prices and restrictions on online sales*
The Autorité fines several eyewear brands and manufacturers, including the leading global and European supplier, for imposing selling prices on opticians and prohibiting them from (...)
The EU Commission and UK Competition Authority propose modifications to their antitrust rules on distribution agreements which diverge significantly, creating legal challenges for agreements caught by both sets of rules
1. Summary
The European Union and the United Kingdom have each proposed modifications of their antitrust rules on distribution. The proposals diverge significantly on common distribution practices, creating legal challenges for distribution agreements caught by both sets of rules. Dual (...)
The EU Commission publishes new rules for vertical agreements signalling a shift in tack and renewed emphasis on digital operators
On 9 July 2021, following a thorough review process launched in October 2018, the EC published a draft revised Vertical Block Exemption Regulation (VBER) and draft revised accompanying Guidelines on vertical restraints (Vertical Guidelines). While the basic system underpinning the assessment (...)
The Irish Competition Authority launches a public campaign to alert retailers against resale price maintenance
CCPC puts spotlight on anti-competitive pricing practice*
The Competition and Consumer Protection Commission (CCPC) has launched a campaign to alert Irish retailers of a harmful anticompetitive pricing practice, called resale price maintenance. Along with publishing guidance to help (...)
The Danish Aalborg City Court fines a sportswear manufacturer for retail price maintenance (Fusion)
Denmark: Fine of DKK 500,000 to manufacturer of sportswear for retail price maintenance*
On May 7, 2021, the City Court of Aalborg sentenced the Danish manufacturer of sports clothes Fusion ApS to pay a fine of DKK 500.000 (€ 67,242) for resale price maintenance. Moreover, a member of the (...)
The Danish Aalborg City Court fines a sportswear producer for resale price maintenance (Fusion)
In 2017, a competitor to a Danish sportswear producer filed a complaint with the Danish Competition and Consumer Authority (“DCCA”) regarding resale price maintenance of said producer. The sportswear producer had put pressure on its distributors to respect the recommended price as a minimum (...)
The Polish Competition Authority fines an online office equipment retailer for resale price maintenance (Fellowes)
Collusion on office equipment market - decision of the President of UOKiK* Collusion on office equipment market - decision of the President of UOKiK Fellowes Poland for many years imposed minimum prices on distributors for resale of office equipment on the Internet. Tomasz Chróstny, President (...)
The Czech Competition Authority fines a national sports equipment distributor for dictating prices to sellers (Abistore)
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 (...)
The Czech Competition Authority confirms the fines imposed on an electronic cigarettes distributor for engaging in prohibited anticompetitive agreements (Ritchy)
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)
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)
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 a national tea producer for imposing sales prices on retailers selling its products online (Dammann Frères)
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 French Competition Authority fines a high-end tea producer for restricting its retailers’ ability to set online prices (Dammann Frères)
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 (...)
The Polish Competition Authority fines a music manufacturer for setting minimum online resale prices (Yamaha Music Europe)
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 (...)
The Hellenic Competition Authority releases a Statement of Objections over resale price maintenance in the gas appliances sector (DIMKA / STAMATOULIS)
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 an investigation into possible price-fixing of sunscreen products (ISDIN)
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 a list of issues to consider in the review of the competition rules that apply to distribution agreements
On November 17, we hosted a webinar on distribution and vertical agreements in EU competition law. The aim was to provide a cross-border and multi-jurisdictional perspective on such issues thanks to the participation of distinguished colleagues from Blomstein (Berlin) and Kramer Levin (Paris). (...)
The EU Commission publishes an inception impact assessment for a potential revision of the Vertical Block Exemption Regulation
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 (...)
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)
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 (...)
The Austrian Cartel Court finds a musical instruments maker to have engaged in resale price maintenance (Roland Germany)
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 (...)
The Austrian Cartel Court finds musical instrument manufacturer guilty of price fixing (Roland Germany)
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 (...)
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)
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 resale price maintenance (GUBI)
According to a press release issued by the Danish Competition Authority (the “Authority”) on 18 September 2020, Danish design company GUBI A/S has entered into a settlement with the Authority and accepted to pay a fine of DKK 6 million (approximately € 800,000) for having engaged in resale (...)
The Danish Competition Authority fines a design company for dictating prices (GUBI)
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
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
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
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)
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
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 a common investigation into an alleged prohibited agreement among 7 companies active in construction & household products manufacturing due to lack of evidence (Tikkurila companies / Kesko Senukai Lithuania / Kesko Senukai Digital / Ermitažas / DAW Lietuva / Topcolor)
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 €1.1B on a Big Tech company and €139M 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)
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 imposes a record €1.24B on a Big Tech company and its distributors for engaging in three anticompetitive practices in the retail market of its products (Apple / Tech Data / Ingram Micro)
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 French Competition Authority fines a Big Tech company and its wholesalers a record €1.24B for engaging in restriction of resale opportunities, coordinating on prices and imposing unfair terms on its retailers (Apple / Tech Data / Ingram Micro)
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 and its wholesalers for engaging in anticompetitive agreements within its distribution network and for abuse of a situation of economic dependency concerning its premium independent distributors (Apple / Tech Data / Ingram Micro)
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 Polish Competition Authority imposes a fine on a manufacturer of office equipment for setting minimum online sale prices for its printers (Brother)
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, (...)
The Polish Competition Authority imposes a €325K fine on an office equipment maker for engaging in online retail price maintenance (Brother)
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 (...)
The Spanish Competition Authority accepts commitments offered by a sports equipment manufacturer and retailer following a complaint on the imposition of restrictions in the distribution network (Adidas / LDC)
The CNMC has accepted commitments offered by Adidas Spain ("Adidas") and closed the investigation that had been initiated in November 2018, following a complaint lodged by BCINCOPE (an Adidas franchisee), for an alleged infringement of articles 1 SCA and 101 TFEU in the Spanish retail market (...)
The Spanish Competition Authority accepts commitments by a sports brand in connection with contractual provisions applied within its selective distribution network (Adidas / LDC)
The CNMC has reached a commitments decision with Adidas regarding restrictive practices in the Spanish retail market for clothing and footwear contrary to Article 1 SCA. Adidas submitted commitments addressing the CNMC’s concerns regarding certain clauses in the retail sports clothing (...)
The Spanish Competition Authority ends an infringement proceeding by adopting a commitment decision following a sports brand’s alleged anti-competitive conduct (Adidas / LDC)
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 (...)
The UK Competition Authority fines a guitar seller £4.5M for resale price maintenance (Fender Europe)
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 UK Competition Authority fines a musical instrument manufacturer £4.5M for engaging in online resale price maintenance (Fender Europe)
On 22 January 2020, the Competition and Markets Authority (the "CMA") fined Fender Musical Instruments Europe Limited ("Fender Europe") GBP 4.5 million for engaging in illegal resale price maintenance ("RPM") in relation to the online sale of its guitars.
WHAT YOU NEED TO KNOW - KEY TAKEWAYS (...)
The UK Competition Authority imposes a record £4.5M fine on a guitar maker for engaging in online retail price maintenance (Fender Europe)
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 Paris Court of Appeal confirms the Competition’s Authority decision to fine several producers and wholesalers active in the sale of liquid fertilizers for imposing vertical restraints (Canna France)
On 16 January 2020, the Paris Court of Appeal confirmed the 2018 decision of the French Competition Authority ("FCA") to fine several producers and wholesalers active in the sale of liquid fertilizers for domestic cultivation for having imposed vertical restraints.
WHAT YOU NEED TO KNOW - (...)
The Danish High Court finds distributor of hair products guilty of illegal resale price maintenance (Icon Hairspa)
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 £3.7M fine on a digital piano supplier for online resale price maintenance (Casio)
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 (...)
The EU Commission publishes a summary of the results of its public consultation on the vertical block exemption regulation
In November 2018, we reported that the European Commission had announced a review of EU distribution rules.
It has now published a summary of the results of its public consultation on the Vertical Block Exemption Regulation (which expires on 31 May 2022) and accompanying guidelines.
During (...)
The Portuguese Competition Authority fines a brewing company for engaging in resale price maintenance practices in hotels, restaurants and cafés (Super Bock)
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 (...)
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 on procedural grounds (Rossmann)
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 (...)
The Hungarian Competition Authority fines a retailer for fixing the online retail prices of its products (Husqvarna Magyarország)
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. (...)
The Paris Court of Appeal dismisses undertaking’s appeal against resale price maintenance fine for anticompetitive vertical agreements in the liquid fertiliser market (Canna France / GHE / Bertels / Biobizz / Hydro Factory / Hydro Logistique / CIS)
On 16 February 2019, the Paris Court of Appeal (the “Court of Appeal”) rejected an appeal brought by Canna France for the annulment of the decision of the French Competition Authority (“FCA”) imposing a fine for anticompetitive vertical agreements in the liquid fertiliser market.
On 20 (...)
The Danish District Court of Næstved fines a hair product wholesaler for resale price maintenance (Icon Hairspa)
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 Polish Supreme Court fines two wholesale distributors for setting minimum resale prices for branded watches (Jubiler / Anyro)
Earlier this year the Polish Supreme Court rendered two judgments, in which it addressed the way in which the Polish Office of Competition and Consumer Protection (’’UOKiK’’) handles cases concerning anti-competitive vertical agreements.
The judgments confirmed UOKiK’s decision, in which PHU (...)
The German Competition Authority fines a bicycle wholesaler for vertical price fixing (ZEG)
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 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)
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 EU Commission fines an American fashion company €40M for restrictive distribution agreements (Guess)
On December 17, 2018, the European Commission imposed a € 40 million fine on the US-based clothing company Guess for enacting contractual provisions and practices in its selective network of authorized wholesalers, monobrand and multi-brand retailers, contrary to Article 101(1) of the Treaty (...)
The EU Commission fines retail companies for resale price maintenance (Asus / Denon & Marantz / Philips / Pioneer) (Guess)
A classic price-fixing arrangement typically takes the form of a cartel, i.e. a price fixing arrangement between competitors. Price fixing is also prohibited for companies in a vertical relationship (active at different levels of the supply chain such as a manufacturer and a retailer).
In a (...)
The Spanish Competition Authority examines possible price fixing and other vertical restrictions in the animal health products market (Medicamentos Veterinarios)
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 (...)
The Hellenic Competition Authority fines a margarine and butter products retailer for resale price maintenance (Minerva)
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)
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 consumer electronics manufacturers a total of €111 million for resale price maintenance, granting substantial reductions in the fines through the cooperation procedure (Asus / Denon & Marantz / Philips / Pioneer)
According to a press release and statement issued on 24 July 2018, the European Commission has, in four separate decisions, fined consumer electronics manufacturers Asus, Denon & Marantz, Philips and Pioneer a total of €111 million for engaging in resale price maintenance during periods (...)
The EU Commission fines manufacturers of electronic goods for resale price maintenance (Asus / Denon & Marantz / Philips / Pioneer)
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 consumer electronics groups for restricting their online retailers’ ability to set their retail prices (Asus / Denon & Marantz / Philips / Pioneer)
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, (...)
The EU Commission fines four electronic manufacturers for fixing minimum resale prices for online retailers (Asus / Denon & Marantz / Philips / Pioneer)
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 four leading consumer electronics manufacturers for fixing online resale prices (Asus / Denon & Marantz / Philips / Pioneer)
EU COMMISSION FINES MAJOR CONSUMER ELECTRONICS MANUFACTURERS FOR FIXING ONLINE RESALE PRICES*
On 24th July 2018 the EU Commission passed a decision to enforce the competition rules in yet another case involving the e-commerce sector. This time it fined a number of leading consumer (...)
The EU Commission fines consumer electronics manufacturers for imposing fixed or minimum resale prices on their online retailers (Asus / Denon & Marantz / Philips / Pioneer)
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, (...)
The EU Commission fines consumer electronics manufacturers €111 million for online pricing restrictions (Asus / Denon & Marantz / Philips / Pioneer)
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)
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 (...)
The Polish Court of Appeal confirms that resale price maintenance in franchise agreements violates competition law (Sfinks Polska)
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 (...)
The Lithuanian Competition Authority fines an Italian-based supplier of bone regeneration products and its local distributor for engaging in resale price maintenance (Tecnoss Dental / UAB Implamedica)
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)
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 (...)
The German Competition Authority publishes a guidance paper on the prohibition of resale price maintenance with focus on the food and retail sector
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 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)
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, (...)
The Croatian Competition Authority accepts remedies proposed by companies operating in the marine engines market to address resale price maintenance concerns (Duing / Fred Bobek)
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 (...)
The UK Competition Authority fines a lighting supplier for resale price maintenance (National Lighting Company)
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 (...)
The Belgian Competition Authority fines a bakers’ yeast maker for resale price maintenance (Algist Bruggeman)
The Belgian Competition Authority fines Algist Bruggeman 5.489.000 euros for resale price maintenance and impeding low priced competitors regarding fresh bakers’ yeast*
The Investigation and Prosecution Service of the Belgian Competition Authority (BCA) fines Algist Bruggeman nv and her (...)
The Belgian Competition Authority fines a leading yeast producer and three parent companies for several infringements of Articles 101 and 102 TFEU (Algist Bruggeman)
On 22 March 2017, the Belgian Competition Authority (“BCA”) imposed a fine amounting to € 5,489,000 on leading yeast producer Algist Bruggeman NV (“AB”), and three parent companies, for several infringements of Articles 101 and 102 of the Treaty on the Functioning of the European Union (...)
The Croatian Competition Authority fines an undertaking for resale price maintenance in the white goods and small household appliances market (Gorenje)
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 (...)
The German Competition Authority issues a draft guidance note on vertical price fixing in the brick-and-mortar food retail sector
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 German Competition Authority publishes a draft notice on resale price maintenance in the food retail sector
German FCO publishes draft notice on RPM in the food retail sector*
On January 25, 2017, the FCO published its long-awaited draft notice with guidance on resale price maintenance (RPM) related questions in the food retail sector in Germany. The draft is up for public consultation, and (...)
The Polish Competition Authority fines undertakings for setting minimum resale prices on ski equipment and accessories (Fordex / Intersport)
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 (...)
The Polish Competition Authority fines a gas boiler and water heater producer for vertical price fixing (Termet)
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 (...)
The Spanish Competition Authority declares exempt retail price maintenance practices by a cosmetics laboratory on the basis of the de minimis principle (Laboratorio Martí Tor)
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 Hungarian Competition Authority fines a distributor of meat products for price resale maintenance (Pick)
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, (...)
The French Competition Authority fines suppliers and distributors of liquid fuel heating units for concluding horizontal and vertical anticompetitive agreements (PVG / Ligne Plus)
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 UK Competition Authority fines a company for retail price maintenance on online sales (ITW)
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 (...)
The German Competition Authority fines several breweries and retailers for resale price maintenance (Offenburg)
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 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)
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 German Higher Regional Court of Celle finds that limited resale price maintenance does not amount to an appreciable restriction of competition (A-Vitalkost)
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 Hellenic Competition Authority fines a company for anticompetitive practices to a franchise network in the telecom market (Germanos)
Recalculation of GERMANOS’ fine (HCC 625/2016)
In late 2014, the HCC published its 580/VII/2013 decision, finding that GERMANOS, a Deutsche Telekom subsidiary which runs a franchise of electronic goods stores, was applying a variety of anticompetitive practices to its franchise network, (...)
The Portuguese Competition Authority opens a market inquiry concerning the commitments proposed by a supermarket operator suspected of engaging in resale price maintenance (Dia)
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)
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 (...)
The UK Competition Authority issues a notice on high-strength alcohol
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 (...)
The German Competition Authority fines a toys manufacturer for resale price maintenance (Lego)
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 movie exploitation in cinemas for resale price maintenance (Intercomfilm Distribution / Hollywood Multiplex Operations)
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. (...)
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)
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 German Competition Authority fines a mattress producer for the second time for resale price maintenance (Tempur)
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 assesses vertical and horizontal price fixing in cartel proceedings focusing on the food sector (Aldi / Edeka / Kaufland / Metro / REWE / Haribo / Ritter)
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 fines on manufacturers and retailers in the food sector for vertical resale price maintenance (Aldi)
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 imposes a fine on a manufacturer for resale price maintenance in the market of portable navigation devices (United Navigation)
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)
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)
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 Authority examines whether tobacco manufacturers impede competition in the market of tobacco distribution (Papastratos Cigarette Manufacturing Company, British American Tobacco Hellas)
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 water supplier for vertical agreements fixing prices (Vöslauer Mineralwasser)
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 (...)
The Croatian Competition Authority adopts a revised Regulation on the method of setting fines
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 further fines on a mattress producer for allegedly imposing resale prices on retailers selling its products (Metzeler Schaum)
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 (...)
The German Competition Authority imposes fines on a mattress manufacturer for resale price maintenance (Metzeler Schaum)
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 Slovak Competition Authority publishes a working draft of its views on vertical competition issues
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 an undertaking for implementing resale price maintenance practices and a restriction of cross-supplies between distributors/franchisees within its selective distribution network (Germanos)
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)
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 (...)
The Austrian Cartel Court upholds a request by the Competition Authority and fines a dairy producer for resale price maintenance (NÖM)
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 (...)
The Austrian Cartel Court fines retailers for vertical price agreements (SPAR / Sutterlüty / MPREIS)
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 Swedish Competition Authority closes an investigation into retail price maintenance in the sports nutrition market (13:e Protein Import)
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 on a building insulation cartel (Austotherm / Steinbacher)
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 imposed resale price maintenance on retailers (Recticel Schlafkomfort GmbH)
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)
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 (...)
The Danish Public Prosecutor settles charges of a violation of cartel law by imposing resale price maintenance, prevention of parallel imports and passive sales (Witt Hvidevarer)
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 (...)
The Italian Competition Authority closes a case of alleged resale price maintenance in the food distribution sector with a commitment decision (Enervit)
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 (...)
The Italian Competition Authority accepts commitments in a case concerning resale price maintenance by a producer of renewable energy converters (Power-One)
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 UK Office of Fair Trading takes the view that bilateral communications of retail prices between manufacturers and retailers are problematic (Sports Bras)
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 adopts several decisions imposing fines for vertical restrictions including resale price maintance and restrictions of online sales (Pioneer Electronics / Media-Saturn / Hans Lurf / SSA Fluidra Grundig)
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: (...)
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)
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 conduct a market test for the commitments regarding resale price maintenance in the photovoltaic sector (Photovoltaic Inverter)
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)
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 in the market for dental handpieces (Dentalwerk Bürmoos)
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 Austrian Cartel Court imposes fines for resale price maintenance in the food sector (Kärntnermilch, Vereinigte Kärntner Brauereien, Brauerei Schloss Eggenberg Stöhr)
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 (...)
The Polish Competition Authority sanctions a brand watches distributor for fixing prices with its distributors (Anyro)
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 Polish Competition Authority sanctions brand watches distributor for fixing prices with its distributors (Jubiler)
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)
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 (...)