The Luxembourg Administrative Tribunal modifies and upturns the Competition Authority’s fine on a food supplier for resale price maintenance, and affirms the right of a leniency applicant to benefit from the principle of legitimate expectation (Bahlsen / Delhaize / Auchan)

Introduction On 6 January 2015, the Luxembourg Competition Authority (formerly the Competition Council, hereinafter “Authority”) opened an investigation against the food supplier Bahlsen on suspicion of aligning resale prices to consumers. After a search of the supplier's headquarters on 15 and 16 July and 2 October 2015 and evidence of practices of communication of recommended sales prices by the supplier to its distributors, the supplier applied for leniency and obtained a temporarily favorable opinion. On 18 November 2020, the Authority issued three separate decisions condemning the supplier Bahlsen and its distributors Auchan, Cactus, and Delhaize for the existence of three vertical agreements on sales prices to consumers (fixed or minimum). Bahlsen was fined EUR 1.5 million, Auchan