The German Competition Authority fines spice producers again for exclusivity clauses and other contractual agreements that could lead to factual exclusivity (Fuchs / Teuto)

In a decision dated 9 May 2006, the German Federal Cartel Office (“FCO”) has imposed a fine of EUR 250.000 against TEUTO Gewürzvertriebs GmbH (“TEUTO”), an undertaking belonging to the Fuchs Gewürze group, for violating a prohibition decision of the FCO dating back to July 2002. 1. Background The FCO based its decision to impose the fine on sec 81 para 2 no. 2 of the German Act against Restraints of Competition (“ARC”), which provides for the imposition of fines when executable decisions of the FCO are violated. The FCO's 2002 decision was based on sec 20 para 1 ARC. Sec 20 para 1 ARC is the German equivalent to Art. 82 EC and prohibits dominant undertakings to unreasonably impede other undertakings, including competitors. 2. The FCO's 2002 decision In its July 2002 decision, the FCO

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  • Norton Rose Fulbright (Hamburg)

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Maxim Kleine, The German Competition Authority fines spice producers again for exclusivity clauses and other contractual agreements that could lead to factual exclusivity (Fuchs / Teuto), 9 May 2006, e-Competitions May 2006, Art. N° 1320

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