The Polish Competition Authority reminds franchisors that resale price maintenance is a hardcore violation of competition law (Sfinks Polska)

In its unprecedented decision of 25 June 2013 in Sfinks Polska [1], 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 vertical restraints is abundant, it is its first decision dealing with resale price maintenance (RPM) in the context of franchise networks and is one of only a few issued to date by European competition authorities. The UOKiK's decision relates to one of the largest and most popular restaurant chains in Poland, Sphinx, operating in a framework of franchise agreements. The authority's investigation revealed that since 2000 Sfinks had required its franchisees to apply

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  • Freshfields Bruckhaus Deringer (London)

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Katarzyna Bojarojć, The Polish Competition Authority reminds franchisors that resale price maintenance is a hardcore violation of competition law (Sfinks Polska), 25 June 2013, e-Competitions Franchising, Art. N° 54163

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