CASE COMMENTS: CARTELS - VERTICAL AGREEMENTS - PRICE FIXING - STANDARD OF PROOF - DISMISSAL

Dismissal: The French Competition Authority, failing to prove the existence of resale price maintenance, dismisses the case (Kärcher)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Decision 21-D-14 is of particular interest with regard to the standard of proof required for a finding of resale price maintenance. After the DGGCRF had provided it with certain information, the Authority referred the matter to itself concerning practices implemented by the manufacturer Kärcher. After several years of investigation and after the rapporteur general had notified the complaints, the Authority threw in the towel and concluded to dismiss the case. Was there no cartel or was it impossible to prove it? We will never know. It should be remembered that the issue here was the distribution of Kärcher brand high-pressure cleaners. As is frequently the

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Anne-Sophie Choné-Grimaldi, Dismissal: The French Competition Authority, failing to prove the existence of resale price maintenance, dismisses the case (Kärcher), 24 June 2021, Concurrences N° 4-2021, Art. N° 103352, pp. 70-71

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